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Statute barred debt in bankruptcy

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  • Statute barred debt in bankruptcy

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    Re: Statute barred debt in bankruptcy

    https://www.insolvencydirect.bis.gov...art3.htm#40.95

    40.95 Stature barred debts not provable

    A debt that is statute-barred (see paragraph 40.11) cannot be a provable debt [note 37] [note 38].
    40.15 Meaning of ‘prove’

    Where a company is being wound up, or a bankruptcy order has been made, a person claiming to be a creditor and wishing to recover his/her debt in whole or in part must, subject to any order of the court [note 25] [note 26], submit his/her claim in writing (which can include in electronic form), to the liquidator, official receiver as receiver and manager, or trustee [note 27] [note 28].

    A person who lodges a claim is referred to as ‘proving’ for his/her debt and the document by which he/she seeks to establish there claim is referred to as the ‘proof’ [note 29] [note 30].
    A summary of the Rules relating to proving can be found in Chapter 16, Part 5.

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