Sorry more questions

Munchlet

Hi everyone

I'm sorry you must be sick and tired of me asking questions all the time, but I just have a couple more if you don't mind?

As you are aware hubby went bankrupt as of 24th March. He called the OR office yesterday and said they were really nice to him, told him no one wants to be in this situation but the best way to look at it is a new start, which I thought was really nice.

They were v helpful and sent all the forms in the post which we have received today and plan to do over the weekend.

But my questions relating to this dreaded pennding charging order. The hearing for it is not until the 26th April, over the weekend we are going to write letters to the Solicitors acting for Natwest, Portsmouth County Court and send them recorded delivery (think that's right the one where you have to sign to say it's received).

Today I emailed the Land Registry (it said you could object by email), to say that we objected on the basis hubby was made bankrupt etc, gave them all the details and stated that as his beneficial interest was now the OR's but allowing a charging order it would unfairly penalise all of the other creditors.

I was just wondering is what we are doing right, hubby has told the court already about it and the court officer has made a note, we are going to follow it up in post by recorded delivery but I just wondered, what should we say to the court, do we ask for it to be set aside on the basis he has gone bankrupt?, or do we have to still give all the reasons why we don't think it should be granted? And will the court postpone the hearing or will it still have to go ahead?

To be honest this is the only thing that is concerning me I have this overwhelming fear that the court is going to grant it, even though it's the same court and judge that dealt with both the charging order and bankruptcy, I keep reading on the net that in some instances they still grant them even when someone has gone bankrupt!!!!:eek:

skylight

The unsecured debt is now included in his BR estate. As there is no debt thus therefore they cannot place a charging order on a property (or anything!) for a debt that doesn't exist.

I assume that only your OH is BR and the debt is in his name only?

Munchlet

thanks Skylight,

That is reassuring, I just read something on the internet about a charging order being granted after bankruptcy and it scared the life out of me, admittedly it did sound like the person bankrupt had made no attempt to let the company know but it still worried me.

Yes you are right it is only O/H that has gone bankrupt and debt was in his name only.

Thanks

skylight

You are doing the right things here. It may seem a pain to sort this out now, but a lot less hassle than trying to undo a charging order! If the court date still stands after these letters/defences etc then ensure that he attends with all his BR details.