Execution Creditors - (almost) the Last Rights in Insolvency

Abstract

The Lord Chancellor’s Department is improving methods of enforcing judgments and Parliament is revamping insolvency law. Little, if any, analysis appears to have been made as to how enforcement operates in formal insolvency procedures. The case law dealing with whether or not an execution creditor becomes a secured creditor is a maze if not a minefield. The issue is of paramount importance when the judgment debtor is insolvent. Depending upon which insolvency procedure is in operation and which type of execution has been chosen, the creditor may be either in a very strong or a pitifully weak position.