Difference Between Insolvency and Bankruptcy

Bankruptcy is a legal process for liquidating what property and assets a debtor owns to pay off their debts. Insolvency is a financial state in which a person's (or company's) debts exceed their assets. Someone who's bankrupt is insolvent, but someone who's insolvent isn't necessarily bankrupt.

1. Is personal insolvency the same as bankruptcy?
2. What is the difference between insolvency and liquidation?
3. What does it mean to file for insolvency?
4. How long does an insolvency last?
5. How long does personal insolvency last?
6. When a company goes into administration who gets paid first?
7. What are the causes of insolvency?
8. Can I be a director after insolvency?

Is personal insolvency the same as bankruptcy?

The biggest difference between these two terms is that while insolvency refers to a personal financial situation, bankruptcy refers to a legal state. If you're insolvent, you're simply unable to pay your debts on time.

What is the difference between insolvency and liquidation?

Insolvency can be considered a financial “state of being”, when a company is unable to pay its debts or when it has more liabilities than assets on its balance sheet, this being legally referred to as “technical insolvency”. Liquidation is the legal ending of a limited company.

What does it mean to file for insolvency?

Insolvency is a state of financial distress in which a business or person is unable to pay their bills. It can lead to insolvency proceedings, in which legal action will be taken against the insolvent person or entity, and assets may be liquidated to pay off outstanding debts.

How long does an insolvency last?

Bankruptcy normally lasts for one year. After this time, you'll be 'discharged' from your bankruptcy regardless of how much you still owe. Your discharge could happen earlier if you co-operate fully with the Official Receiver.

How long does personal insolvency last?

Personal Insolvency Arrangement

A PIA will run over a period of 6 years, with a possible agreed extension to 7 years. The PIA works like a Debt Settlement Arrangement in the following ways: You must apply through a Personal Insolvency Practitioner (PIP) – see How to apply below.

When a company goes into administration who gets paid first?

At the top are secured creditors. Secured creditors have a legal right or charge over property.

What are the causes of insolvency?

Look out for these top 10 causes of insolvency

1. Cash flow. ...
2. Lack of reliable financial information. ...
3. Failing to separate business and personal accounts. ...
4. Too much debt. ...
5. Lack of budgeting. ...
6. Demands for payment or defaulting.
7. Failing to have a debt recovery procedure in place. ...
8. Competition.

Can I be a director after insolvency?

The general answer is that you can be a director of as many companies as you like at the same time. However, if you have been the director of a liquidated company and you set up a new company it cannot have the same or a similar name to the old company, to reduce any confusion for creditors of the old company.