The Proposal
Technically
the proposal process goes as follows:
- The
debtor must prepare a document setting out:
-
the terms of his proposals
- his
creditors
- his
debts
- assets
to be provided by third parties
- his
assets included (and excluded)
- in
the event of bankruptcy, whether there may be claims relating to
transactions at an undervalue, preferences or extortionate credit
transactions.
- the
proposed duration of the voluntary arrangement
- when
creditors may expect a distribution
- how
much creditors may expect to receive
- the
manner in which claims are proposed to be dealt with
- the
estimated remuneration and expenses of the nominee and the supervisor
- details
of the supervisor's qualifications
- the
supervisor's duties
(In
practice, of course, we will have assisted in the preparation of the proposal)
The
proposal should include a brief explanation of the background to the debtor's
problems and his future plans in addition to the above information (required
to be disclosed by the Insolvency Rules). Above all the proposal should
be professional, persuasive, accurate and comprehensive.
The
proposal must then be submitted to the nominee (who must be an insolvency
practitioner) for him to render his report.
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