By A. C. Parr
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Extra resources for A National Measurement System for Radiometry, Photometry, and Pyrometry Based Upon Absolute Detectors
The assets are being 'salted away' by the debtor or otherwise are at risk) then the court may expedite the hearing to a date earlier than the 14 days mentioned. If the debtor consents to an earlier hearing then the court may also expedite the hearing. Debtor's petition The debtor's petition is lodged at the appropriate court with his statement of affairs, after which the court will hear the petition as soon as possible. One copy of the petition is returned to the debtor with the date and place of the venue for hearing endorsed thereon.
Previously, various persons could act in insolvency matters with no qualifications to indicate their professional worth or standing. Now, strict rules in the Act regulate the 39 INSOLVENCY many aspects of insolvency with regard to both the individual and corporate body. Under s. 388, any person who acts as: a liquidator, provisional liquidator, administrator, or administrative receiver or as a supervisor of a voluntary arrangement in connection with corporate bodies or as a trustee in bankruptcy, interim receiver, trustee under a deed of arrangement, supervisor of a voluntary arrangement or as administrator in bankruptcy of a de ceased's estate in connection with an individual's estate must be a licensed IP.
436 of the Act defines 'business' in such a way that it 'includes a trade or profession'. The above definition would seem to be clear and all-embracing. Aliens have to fulfil either the residence or business activity qualification. The position of a creditor in the United Kingdom initiating insolvency proceedings against an alien, who may well qualify under the business category for insolvency action in England, should be considered carefully before proceedings are commenced. In particular, questions arise as to what extent the debtor's assets are situated in England and Wales.