what happens if I incure more debt (i.e sued) while im in my bankruptcy period?

fiveyearplan

There is a place on BR forms to put things like this. I would have thought if you are being sued for something that took place before you went BR then it would be included.

peachyprice

How far has it gone? Have you received any official documents confirming they're going to sue you, or it is just speculation at the moment?

This makes a diffence, and it would be useful if they could start proceeding before you go BR.

ric_flair

peachyprice wrote: »

How far has it gone? Have you received any official documents confirming they're going to sue you, or it is just speculation at the moment?

This makes a diffence, and it would be useful if they could start proceeding before you go BR.

They have just written a letter to me stating that they think im in breech of an undertaking (from a few months back). I actually, disagree, but regardless, I will now have to pay legal fees to defend the accusation.

They are threatening to get an injunction against me in the high court.

I noticed on the statement of affairs form, it states;1.16
Are you involved in any legal proceedings?


So im guessing I should included something here (although, officially I have not been served with any papers....so im not sure if i can??!)

Anyway, thanks for your concern. What a great forum.

GettingHopeful

What an extremely difficult situation, and I do think you need some legal advise now. Any chance of half an hour free advise from a solicitor - I think a few of them do it.

If you incur legal fees now, that will be post-BR and you will need to pay them, as they will not be included in the BR but surely the damages if in a civil court would be pre-BR and therefore included. Though this is just my view, not a legal one.

As you are now free of the restraint, I take it it will not affect your work now?

Agree that if you let them know you are BR they will surely see no point in pursuing for damages.

JPS29

I too would recommend legal advice, even if you cant get the 30 min free IMHO its worth trying to pay for IF you still intend to tender/go after the same contracts/client.

Keep your cards close to your chest at this point re letting the oposition know your BR status, purely because they MIGHT let it slip to the prospective client(s). An underhand trick I know, but I have seen the likes (virtually the same circumstnaces) a few times now.

And yes I know it SHOULDN't make a difference as long as not in the financial sector but in real every day life it does.

Please keep us updated as to how you get on with this.

Best of luck.

ITBS

ric_flair

Thanks everyone.

As I said before, legal action had been done (before, when the undertakings were made and ongoing now - 7k in total...), in regards to my recent accusation of “being in breech” of the undertakings.

To put it simply, my old employer are trying everything to stop me competing! Im getting a lot of new contracts signed for our company (now not uk based and not doing business in uk ( – none of the customers are uk based. But the company I worked for was based in uk).


Going Bankrupt does not bother me, the debts have been building up for years, will be a relef to get rid of them. The high court thing is a bit scary, but as my solicitor says – my old company see me as such a threat, that I should be hounered they are going to so much trouble! They know im taking away a lot of their business (not me, but my ltd company, which will have a new director soon...)

Now, wherther im in breech of the covenant restraint undertakings, its 50/50 (but that’s another matter for the legal team to sort out). Regardless of whether im bankrupt or not, they will try and take me to the high court – they don’t want competition. They are the only game in town. I won’t give anymore away than that J

Now, my petition for Bankruptcy is late Aug, and they are threatening me with high court injections etc right now (it may even be they are just trying to scare me off and they have no intention, but regardless….)

So, im looking for someone to give me clarification on;

• Should I tick the “ongoing legal action box” in statement of affairs on the day of my petition if a high court order has no been served? (but solicitors from both parties are working on resolving the situation)
  
  
• Worst case scenario, if I do get sued in high court, and I know about the legal proceedings before my petition (and I tick the above box), that can be included in bankruptcy? Or can high court “sues” not be included in bankruptcy (surely they can!?!!?)

Ok thanks J