need help with creditors petition

mazlass

I am going to wales and its quite a trip for us. I would be prepared to come back for the day but i am so annoyed because i thought it was all over and its not.

How would other creditors have found out about it? Do you think they are just trying to scare us because i did send them quite a nasty letter about the way we felt we had been treated?

fiveyearplan

How would you feel if you got back and you had been declared bankrupt?

mazlass

Terrible! Oh god, we're going to have to come back.

fiveyearplan

It may go okay, I just personally wouldn't want to take the risk. I've don't trust anyone anymore. How far is Wales from the court?

You could try the court tomorrow and see what they say.

Richard_S

fermi wrote: »

Apparently it can happen under some circumstances.

The Insolvency Rules 1986


See page 242.

I think you may have missed this fermi:

(3) The court shall not make the order if satisfied that the petitioning creditor's debt has been paid,
secured or compounded for by means of—
(a) a disposition of property made by some person other than the debtor, or
(b) a disposition of the debtor's own property made with the approval of, or ratified by,
the court.

Are you not feeling well?:D

Rich

Richard_S

mazlass wrote: »

Terrible! Oh god, we're going to have to come back.

Hi Mazlass,

I think you need to take legal advice before you spoil your holiday unnecessarily.

Richard

fiveyearplan

In light of what Richard just posted, i would go to the court tomorrow and make sure they have received your proof of payment etc and see what they say.

fermi

Richard_S wrote: »

I think you may have missed this fermi:

(3) The court shall not make the order if satisfied that the petitioning creditor's debt has been paid,
secured or compounded for by means of—
(a) a disposition of property made by some person other than the debtor, or
(b) a disposition of the debtor's own property made with the approval of, or ratified by,
the court.

Are you not feeling well?:D

Rich

I'm feeling perfectly well thanks, and I did not miss that.

You are quoting part of Rule 6.31 as if it applies to both 6.31 and 6.30.

As far as I'm aware it does not. It only applies to a "change of carriage order" as referred to in Rule 6.31

If you look closer, you will see that 6.30 and 6.31 apply to subtlety different circumstances.

6.30 (substitution) is regarding the substitution of one petitioner by another where the 2nd one would have been in a position to petition the bankruptcy themselves, and for that reason does not include the proviso you quoted.

That is not the case in 6.31 which is simply a "change of carriage", so the satisfaction of the debt with the original creditor would halt proceedings.

However, both must have:

"has under Rule 6.23 given notice of his intention to appear at the hearing"

HMRC manual - Substitution.

HMRC manual - Change of carriage

EDIT:

That is how I read it anyway.

To be sure, you really do need legal advice.

mazlass

Thanks everyone. Don't really understand that Fermi,but thanks. I'll phone comm. legal advice tomorrow and see what they say. I have spoken to someone at court and she couldn't understand why they were wasting time and money appearing. Said in these circumstances it usually is dismissed.

Richard_S

fermi wrote: »

I'm feeling perfectly well thanks, and I did not miss that.

You are quoting part of Rule 6.31 as if it applies to both 6.31 and 6.30.

As far as I'm aware it does not. It only applies to a "change of carriage order" as referred to in Rule 6.31

If you look closer, you will see that 6.30 and 6.31 apply to subtlety different circumstances.

6.30 (substitution) is regarding the substitution of one petitioner by another where the 2nd one would have been in a position to petition the bankruptcy themselves, and for that reason does not include the proviso you quoted.

That is not the case in 6.31 which is simply a "change of carriage", so the satisfaction of the debt with the original creditor would halt proceedings.

However, both must have:

"has under Rule 6.23 given notice of his intention to appear at the hearing"

HMRC manual - Substitution.

HMRC manual - Change of carriage

EDIT:

That is how I read it anyway.

To be sure, you really do need legal advice.

Ooooops, sorry sir,

Is it the cane again or lines?;)