I think I need help! I'm really struggling with understanding debt / bankruptcy laws.
Situation:
1874, England. Jack is a destitute young man who only inherited debts from his father, who died four years ago. We're talking lots of debts. Say, above £ 200. For various reasons, Jack can't find skilled work and is insolvent.
Initially, I wanted to threaten him with debtor's prison, but I understand this wouldn't work after 1869 (not unless he committed fraud).
I read up on the Bankruptcy Act, the Debtor's Act (the one that abolishes imprisonment), and the Bankruptcy repeal and insolvent court Act (which only seems to apply to late insolvent debtors), all from 1869, and frankly I'm not sure what this means to Jack.
The text is available here: https://archive.org/details/bankruptcyactde00britgoog
From what I understand, creditors could present a petition to the Court if the debtor
My questions:
I've searched through the London Gazette, too, and found a couple of references to "avoiding imprisonment", but it's too obscure and not detailed enough for me to understand what happens to insolvent debtors.
Jack isn't at his best after his father (and mother and one-day-wife) die. He's a honest chap, but he's likely to make mistakes in handling his debts, so I have leeway to get him in trouble. But I don't want to go through complicated court proceedings or anything like that, as Jack's debts are only a looming threat in the book (just a subplot).
Thanks in advance for the help. I'm definitely no lawyer, as you can see.
Situation:
1874, England. Jack is a destitute young man who only inherited debts from his father, who died four years ago. We're talking lots of debts. Say, above £ 200. For various reasons, Jack can't find skilled work and is insolvent.
Initially, I wanted to threaten him with debtor's prison, but I understand this wouldn't work after 1869 (not unless he committed fraud).
I read up on the Bankruptcy Act, the Debtor's Act (the one that abolishes imprisonment), and the Bankruptcy repeal and insolvent court Act (which only seems to apply to late insolvent debtors), all from 1869, and frankly I'm not sure what this means to Jack.
The text is available here: https://archive.org/details/bankruptcyactde00britgoog
From what I understand, creditors could present a petition to the Court if the debtor
- owed more than £50
- AND the debtor was a trader, or claimed to be a trader (also this doesn't seem to be required after 1861)
- AND payments were defaulted:
- through fraud (which Jack's father might have committed)
- through other stuff that's not relevant to Jack
- or if the debtor has filed in the Court a declaration admitting his inability to pay his debts (which Jack could do)
- I think this declaration cost £10, which could possibly be too much for Jack
My questions:
- Any assets Jack's father might have had are gone. There's nothing to liquidate. Would creditors have any reason for Jack to go bankrupt?
- Could Jack have filed for bankruptcy?
- What does happen if he doesn't pay? If his debts are way beyond what can be paid off, I can't imagine the creditors would be happy, right? Could he land in prison (in spite of the Debtor's Act)?
- If Jack is declared bankrupt, and the trustee / sollicitor assigned to manage his accounts realises after the fact that Jack is completely insolvent, would the trustee owe money to the creditors? Or Jack owe money to the trustee?
I've searched through the London Gazette, too, and found a couple of references to "avoiding imprisonment", but it's too obscure and not detailed enough for me to understand what happens to insolvent debtors.
Jack isn't at his best after his father (and mother and one-day-wife) die. He's a honest chap, but he's likely to make mistakes in handling his debts, so I have leeway to get him in trouble. But I don't want to go through complicated court proceedings or anything like that, as Jack's debts are only a looming threat in the book (just a subplot).
Thanks in advance for the help. I'm definitely no lawyer, as you can see.