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  • FIRST POST
    • suffolkman
    • By suffolkman 1st Nov 17, 4:27 PM
    • 3Posts
    • 0Thanks
    suffolkman
    asking court to adjourn bankruptcy hearing
    • #1
    • 1st Nov 17, 4:27 PM
    asking court to adjourn bankruptcy hearing 1st Nov 17 at 4:27 PM
    HMRC has submitted a bankruptcy petition over unpaid tax bills, which is due to be heard next week.

    I wrote to their solicitor and their enforcement department saying that I would like to ask the court for an adjournment of approx. eight weeks in order that I can pursue two other options: (a) setting up an IVA, or (b) borrowing at least some of the money to pay the tax bill.

    Today I spoke to the HRMC solicitor, who said they would not be contesting my request. They have written to me to confirm that (though I haven't received the letter yet).

    However, my question is: how do I actually ask the court for an adjournment? Should I just turn up at the hearing time and speak to the judge then? Or can I contact the judge, or the court administration, in advance by letter/fax/phone/email and make the request that way?

    Thanks in advance for any practical advice!
Page 1
    • sourcrates
    • By sourcrates 1st Nov 17, 11:38 PM
    • 12,427 Posts
    • 11,833 Thanks
    sourcrates
    • #2
    • 1st Nov 17, 11:38 PM
    • #2
    • 1st Nov 17, 11:38 PM
    Hi,

    You need legal advice on this, at the very least, ask on Legal Beagles.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 2nd Nov 17, 6:28 AM
    • 11,517 Posts
    • 8,651 Thanks
    fatbelly
    • #3
    • 2nd Nov 17, 6:28 AM
    • #3
    • 2nd Nov 17, 6:28 AM
    However, my question is: how do I actually ask the court for an adjournment? Should I just turn up at the hearing time and speak to the judge then? Or can I contact the judge, or the court administration, in advance by letter/fax/phone/email and make the request that way?

    Thanks in advance for any practical advice!
    Originally posted by suffolkman
    You can just turn up and request it. That's often the result of a first hearing anyway.

    However, it's good practice to put your request in writing (a letter) first to the court, with a copy to the 'other side'.

    I do agree that you need tailored advice here - for many people bankruptcy is the best option but we don't know your circumstances.
    • suffolkman
    • By suffolkman 2nd Nov 17, 10:19 AM
    • 3 Posts
    • 0 Thanks
    suffolkman
    • #4
    • 2nd Nov 17, 10:19 AM
    • #4
    • 2nd Nov 17, 10:19 AM
    Thanks. I agree that obviously I need to take advice on the question of whether bankruptcy is a solution here - the immediate issue before then is getting some breathing space to do so, by adjourning the hearing.

    I have just spoken to the court office and they tell me that I can put this in writing and send it by email, which I'll do later today. (I might also fax it as a backup.)

    Do you think it's necessary to attend the hearing? I don't know that there's much information I can add which I won't give in the email anyway.
    • debt doctor
    • By debt doctor 2nd Nov 17, 1:29 PM
    • 4,161 Posts
    • 5,827 Thanks
    debt doctor
    • #5
    • 2nd Nov 17, 1:29 PM
    • #5
    • 2nd Nov 17, 1:29 PM
    Hi,
    Yes, you absolutely must attend the hearing.
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
    • suffolkman
    • By suffolkman 2nd Nov 17, 1:42 PM
    • 3 Posts
    • 0 Thanks
    suffolkman
    • #6
    • 2nd Nov 17, 1:42 PM
    • #6
    • 2nd Nov 17, 1:42 PM
    Right - I have emailed the court (as they advised me to do) with the request and rationale for an adjournment, and unless I hear otherwise from them, I'll go along on Monday as well.
  • National Debtline
    • #7
    • 2nd Nov 17, 5:15 PM
    • #7
    • 2nd Nov 17, 5:15 PM
    Hi Suffolkman,


    I would suggest trying to speak to someone at the court tomorrow - you may need to go there in person. You should check if you need to file a 'Notice of Intention to Oppose' to this application or would your email be enough. You can try and speak with the duty solicitor at the court for further advice. My concern is that you have not yet received written confirmation from the HMRC that they are not going to object to your request for an adjournment. So there is a risk they could attend the hearing and request it to proceed.


    You are doing the right thing by going to the hearing (regardless of what is said). Are you able to post some additional details (such as how much is owed, when the statutory demand was served, what negotiations you have made to HMRC, how much you may be able to raise from family and whether or not you are a homeowner). I would recommend getting further advice from one of the free debt charities as well, if you have time.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • fatbelly
    • By fatbelly 2nd Nov 17, 6:05 PM
    • 11,517 Posts
    • 8,651 Thanks
    fatbelly
    • #8
    • 2nd Nov 17, 6:05 PM
    • #8
    • 2nd Nov 17, 6:05 PM
    I would suggest trying to speak to someone at the court tomorrow - you may need to go there in person. You should check if you need to file a 'Notice of Intention to Oppose' to this application or would your email be enough. You can try and speak with the duty solicitor at the court for further advice. My concern is that you have not yet received written confirmation from the HMRC that they are not going to object to your request for an adjournment. So there is a risk they could attend the hearing and request it to proceed.
    Originally posted by National Debtline
    This is absolutely correct, and why I agree with DD that you must attend.

    I have had cases (possession not bankruptcy) where there has been an agreement before the hearing but the message did not get down the 'chain' to the rep who was attending the hearing, and the judge made a ruling in the client's absence.
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