Law · Legal Information · Justice
 

Insolvent

A person not able to pay his or her debts as they become due.

In Dewey v St. Albans Trust, Justice Rowell wrote:

"The term insolvency is not always used in the same sense. It is sometimes used to denote an insufficiency of the entire property and assets of an individual to pay his debts. This is its general and popular meaning.

"But it is also used in a more restricted sense, to express the inability of a party to pay his debts as they become due in the ordinary course of business."

Thus, in the Sale of Goods Act 1979 (United Kingdom), an insolvent person is described as follows:

"A person is deemed to be insolvent within the meaning of this Act if he has either ceased to pay his debts in the ordinary course of business or he cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not."

Usually, insolvency is a prerequisite to an application for bankruptcy protection.

REFERENCES:

Latest LagMag headlines:

Birthday Legal Information Ramblings

It only takes two psychiatrists to lock someone away. Birthday or not, here's enough to find ten.

Politically-Correct Is Dead! Long Live The Truth!

We speaketh prematurely but the lovely knoll of ditching political correctness- sweeter sounding still as it rings from the home of the common law - has been heard and struck a beacon of light upon the shadow of law which naively wants to be all things to all cultures.

Police: Would That Be Cowardice or Stupidity?

British Columbia experiences two shining examples of police inaction - either cowardice or stupidity - in less than nine months.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top