← Back to catalogue
Research draft

insolvency

vr.tr.insolvency · XCT.STA

Let an agent explain insolvency, relay tests, procedures and consequences from insolvency law and debt advice sources in general terms, point people in financial distress to free debt advice and people in crisis to support, describe the named forms, and distinguish insolvency from bankruptcy as a legal status, illiquidity, default on a single debt and business failure.

Thing Registry Cross-cutting context

Research draft, second pass

A second pass drafted this model: the structure a model of this thing needs, and what is known about it in the world. The line under this one says how the second half was obtained - researched against sources, or recalled without web access, in which case nothing here was read anywhere and every claim is a lead to verify. Unreviewed either way.

written by Claude from model knowledge without web access - no source was read, every claim is a lead to verify

Researched by: Claude

Purpose and description

Let an agent explain insolvency, relay tests, procedures and consequences from insolvency law and debt advice sources in general terms, point people in financial distress to free debt advice and people in crisis to support, describe the named forms, and distinguish insolvency from bankruptcy as a legal status, illiquidity, default on a single debt and business failure.

The state of being unable to pay debts as they fall due, called cash-flow insolvency, or having liabilities exceeding assets, called balance-sheet insolvency, which can lead to formal procedures such as bankruptcy for individuals, including personal and sole trader bankruptcy, and liquidation, administration or restructuring for companies, under national laws such as the US Bankruptcy Code chapters 7, 11 and 13, the UK Insolvency Act 1986 and the German Insolvenzordnung, which includes impending insolvency as a ground for filing; the registry alias Zwangsvergleich names a compulsory composition with creditors in older German and Austrian law. Free debt advice is available from charities and public services, and nothing here is legal or financial advice.

What it is for: Understanding inability to pay debts.

It can be explain tests and procedures; relay consequences in general terms; describe named forms; point to free debt advice.

Distinguishing features

Cash-flow or balance-sheet tests

Formal procedures

Creditor priorities

Personal and corporate forms

What it looks like

Not a physical object; seen in court filings, notices and accounts.

Physical character

UK Insolvency Act: 1986 year

US Bankruptcy Code: 1978 year - chapters 7, 11, 13

EU Restructuring Directive: 2019/1023 directive

How it is recognised

Inability to pay debts

Impending insolvency, Zwangsvergleich, personal bankruptcy, sole trader insolvency

Bankruptcy is a legal procedure; illiquidity is short-term; default is a missed payment; business failure may not involve insolvency

Related models

is a kind of - in registry terms

financial risk

can lead to -

bankruptcy

includes -

liquidation

is contrasted with -

default (finance)

In practice

Families and kinds

personal bankruptcy

sole trader insolvency

corporate liquidation

administration and restructuring

debt relief and voluntary arrangements

Standards and regulation

National insolvency laws

EU Insolvency Regulation 2015/848

UNCITRAL Model Law on Cross-Border Insolvency

Failure modes and hazards

Giving legal or financial advice

Debt management scams

Ignoring mental health effects of debt

Also called

impending insolvencyZwangsvergleichpersonal bankruptcysole trader insolvency

Where this came from

wikidata · CC0 1.0

Also registered as vr.tr.insolvency

Drafted structure

Bundle to layer to finding to question, as the second pass will find it: 4 bundles · 8 layers · 8 findings · 16 questions.

Understand What insolvency is.

Definition.

Definition

Definition.

Definition

Definition.

  1. Is someone overwhelmed by debt and feeling hopeless, in which case crisis support and free debt advice services can help now? boundary
  2. What is insolvency, and how does it differ from bankruptcy, illiquidity, default and business failure? definition

Forms

Named forms.

Forms

Forms.

  1. What are impending insolvency, Zwangsvergleich, personal bankruptcy and sole trader insolvency? definition
  2. Which entry fits the specific form? action
Law Procedures.

Regulation.

Tests

Insolvency tests.

Tests

Tests.

  1. How do cash-flow and balance-sheet tests work, in general terms? provenance
  2. Which references are standard? provenance

Procedures

Procedures.

Procedures

Procedures.

  1. How do liquidation, administration and Chapter 11 restructuring differ? provenance
  2. Which sources are cited? provenance
People Personal insolvency.

Regulation.

Advice

Debt advice.

Advice

Advice.

  1. Where can people get free, regulated debt advice, and how can they avoid fee-charging scams? provenance
  2. Which entry fits debt counseling? action

Consequences

Consequences.

Consequences

Consequences.

  1. What are general consequences of personal bankruptcy for credit and property? provenance
  2. Is the information general rather than legal advice? boundary
Context Economy.

Attribution.

Trends

Insolvency trends.

Trends

Trends.

  1. What do official statistics show about insolvency trends, with sources attributed? provenance
  2. Is the information current? boundary

History

History.

History

History.

  1. How did insolvency law move from debtors prisons to rescue culture? provenance
  2. Which entry fits debtors prison? action

What the second pass must settle

  • Should Zwangsvergleich be moved to historical German and Austrian law entries?
  • How should insolvency laws be linked by country?
  • Should personal bankruptcy be a separate entry?