Help needed - creditor of potential bankrupt

RabbitMad

Hi,

I own (recently inherited) the freehold of a shop and the flat above. The flat owner (leaseholder) has not paid ground rent, insurance costs or their share of the maintenance bill for several years. The relative I inherited from was in the process of sueing them and had just agreed a settlement (but not received the money) when they died.

Now I find out that HMRC are trying to make the person bankrupt. The person claims that they have the money to pay of HMRC but not me.

If they are made bankrupt will their lease be sold and can I prevent it being re-assigned if they haven't paid me?

Is there anyway I can make sure that I am a prefered creditor?

dojoman

RabbitMad wrote: »

Hi,


Is there anyway I can make sure that I am a prefered creditor?

All creditors will be treated the same, preference cannot be given to one creditor over another.

Radiantsoul

No. You can put a claim in for all the costs in the bankruptcy and see what you get back.

RabbitMad

but I own the freehold of the flat - it seems wrong if the receiver will be able to sell the leasehold on but not pay me all I'm owed? Or do these service charges belong to the flat and thus could be charged to the buyer?

ILW

If the lease is sold, you will get the same percentage as any other creditor.

You do not own the freehold of the flat, you own the freehold of the building that the flat is in. There is a difference.

dojoman

Any unsecured debts at the time of his BR would be included in the BR.