Insolvency Act 1985

211 Interpretation of Part III

(1) In this Part, except in so far as the context otherwise requires—

• " bankrupt" means an individual who has been adjudged bankrupt and, in relation to a bankruptcy order, means the individual adjudged bankrupt by that order;

• " bankruptcy debt", in relation to a bankrupt, means (subject to subsection (2) below) any of the following—

  (a)

  any debt or liability to which he is subject at the commencement of the bankruptcy;

  (b)

  any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy;

  (c)

  any amount specified in pursuance of section 39(3) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 in any criminal bankruptcy order made against him before the commencement of the bankruptcy; and

  (d)

  any interest provable as mentioned in section 163(2) above;

• "bankruptcy order" means an order adjudging an individual bankrupt;

• " bankruptcy petition " means a petition to the court for a bankruptcy order;

• " the court ", in relation to any matter, means the court to which, in accordance with section 201 above and the rules, proceedings with respect to that matter are allocated or transferred;

• " creditor "—

  (a)

  in relation to a bankrupt, means a person to whom any of the bankruptcy debts is owed (being, in the case of an amount falling within paragraph of the definition of " bankruptcy debt", the person in respect of whom that amount is specified in the criminal bankruptcy order in question); and

  (b)

  in relation to an individual to whom a bankruptcy petition relates, means a person who would be a creditor in the bankruptcy if a bankruptcy order were made on that petition ;

• " creditor's petition " means a bankruptcy petition under section 119(1)(a) above;

• " criminal bankruptcy order " means an order under section 39(1) of the Powers of Criminal Courts Act 1973 ;

• " debt" shall be construed in accordance with subsection (3) below;

• " the debtor "—

  (a)

  in relation to a proposal for the purposes of Chapter I of this Part, means the individual making or intending to make that proposal; and

  (b)

  in relation to a bankruptcy petition, means the individual to whom the petition relates :

• " debtor's petition" means a bankruptcy petition under section 119(1)(b) above;

• " dwelling house" includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it;

• " estate", in relation to a bankrupt, shall be construed in accordance with section 130 above ;

• " family ", in relation to a bankrupt, means the persons (if any) who are living with him and are dependent on him;

• " liability " means, subject to subsection (3) below, a liability to pay money or money's worth, including any liability under any enactment, any liability for breach of trust, any liability in contract, tort or bailment and any liability arising out of an obligation to make restitution ;

• " prescribed" means (subject to section 209 above) prescribed by the rules;

• " the rules " means rules made under section 207 above ;

• "secured" and related expressions shall be construed in accordance with subsections (5) to (7) below.

(2) In determining for the purposes of this Part whether any liability in tort is a bankruptcy debt the bankrupt shall be deemed to become subject to that liability by reason of an obligation incurred at the time when the cause of action accrued.

(3) For the purposes of references in this Part to a debt or liability it shall be immaterial whether the debt or liability is present or future, whether it is certain or contingent or whether its amount is fixed or liquidated, or is capable of being ascertained by fixed rules or as a matter of opinion; and references in this Part to owing a debt shall be construed accordingly.

(4) References in this Part to a person's affairs include references to his business, if any.

(5) Subject to subsections (6) and (7) below and any provision of the rules requiring a creditor to give up his security for the purposes of proving a debt, a debt is secured for the purposes of this Part to the extent that the person to whom the debt is owed holds any security for the debt (whether a mortgage, charge, lien or other security) over any property of the person by whom the debt is owed.

(6) Where a statement such as is mentioned in section 120(5)(a) above has been made by a secured creditor for the purposes of any bankruptcy petition and a bankruptcy order is subsequently made on that petition, the creditor shall be deemed for the purposes of this Part to have given up the security specified in the statement.

(7) In subsection (5) above the reference to a security does not include a reference to a lien on books, papers or other records, except to the extent that they consist of documents which give a title to property and are held as such.