Click here to learn more about our revolutionary app or download directly from one of the sources below.
An ‘unliquidated’ or ‘unascertained’ claim of a creditor is on which cannot be ‘admitted’ for a specific and provable amount by the officeholder.
An example is a claim for court-awarded damages in the future, which have not been finalised at the date the proof is lodged by the creditor.
The officeholder can either reject this claim (an unusual action if the claim has got merit, it is just the amount that is in doubt) or admit it for a ‘nominal amount’ (say £1), its value being uplifted as and when evidence of the actual amount is delivered by the creditor.
[See ‘Unliquidated Claim’, ‘Proof of Debt’ and ‘Officeholder’.]
A debtor is made Bankrupt at the time of the Bankruptcy Order.
At that time a Trustee in Bankruptcy will be appointed and all the Bankrupt’s property will vest in (pass to) them. During the period of Bankruptcy (usually one year) the Bankrupt will be ‘undischarged’ and, as such, are subject to the rules of Bankruptcy.
[See ‘Trustee in Bankruptcy’ and ‘Discharge’.]
Unfair dismissal is when an employment contract is terminated and the employer did not have fair reason to do so.
It can also be claimed if an employer did have fair reason, but handled the dismissal using the wrong procedure. The employee is protected by law against both these eventualities.
In order to make a claim in this situation, an employee must have been employed for a period of at least two years prior to the dismissal.
Some things are ‘automatically unfair’ if they are the main reason for dismissing an employee. These include:
