INS11531 - Remission and insolvency proceedings

Introduction

This section of the Manual outlines the procedures to be followed in EIS during the insolvency proceedings process for

• Remission ( INS11533)
• Partial Remission ( INS11535)
• Minus Remission ( INS11537)

You must follow the remission procedures for the relevant Head of Duty system.

Additional guidance is given in other corporate manuals and in the EIS guidance
A decision to remit is taken by the EIS Caseworker based on the information on the case and obtaining the necessary authority (see the EIS Table of limits). Usually remission is considered at an earlier stage, but further information may only come to light during insolvency proceedings.

For example, firm evidence may now show that

• A property which was held by the debtor has been sold by a mortgage in possession under their power of sale with a shortfall owed by the debtor, or that
• The debtor cannot now be traced.

A partial remission may be required if a debt, or part of the debt, proves to be invalid, when there are CCJ costs such as Oral Examination or Judgment Summons costs not claimable in a bankruptcy, or equity has been granted