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If a company is in liquidation is there a time limit by which

 
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  • Answered by:AJ Genus
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Customer Question

If a company is in liquidation is there a time limit by which creditors have to submit their claims and proof of debt and if the liquidator is aware of creditors but has not received their claims would he still pay them anything.

 

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Province/Country relating to question : uk

Submitted: 395 days and 16 hours ago.
Category: UK Bankruptcy Law
Value: £22
Status: CLOSED
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Expert:  AJ Genus replied 395 days and 16 hours ago.

Hi,

Thank you for your question.

If a creditor wants to participate in a liquidation they must give the liquidator notice of their debt.

There is no time limit on this per say but practically speaking it should occur when the liquidation is on going otherwise the creditor may miss out on a dividend payment that would relate to their debt. It is advisable therefore to follow the deadline offered by the liquidator when they contact you.

Kind regards

AJ

Customer replied 395 days and 15 hours ago.

if the liquidator is aware of creditors but has not received their claims would he still pay them anything.

Accepted Answer

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Expert:  AJ Genus replied 395 days and 15 hours ago.

Hi,

No because the creditor must formally register their debt with the liquidator.

If the creditor is secured that is different, but I presume you are taking about an unsecured creditor?

Kind regards

AJ

Expert TypeSolicitor
Category: UK Bankruptcy Law
Pos. Feedback: 100.0 %
Accepts: 47
Answered: 3/12/2012

Experience: 2 Years Insolvency Litigation

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