We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Missed Court Date for Insolvency Hearing ??

I've received a letter saying I missed a date at court.
It has an Insolvency Number on and says it is adjourned.

What happens if I don't go?

Is insolvency anything like Bankruptcy, as I was thinking of going bankrupt?
I did have a business which folded almost 2 years ago now.

Can they make me insolvent if i do not attend?

Delta
«1

Comments

  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Insolvency is bankruptcy. Some one is trying to make you BR by the sounds of it. Have you not been served papers? Ring the court tomorrow and find out what is happening. Also ring someone like NationalDebtline and get some free, independant, financial advice.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • DeltaDelta
    DeltaDelta Posts: 12 Forumite
    edited 13 December 2011 at 2:35AM
    Thank you for your quick reply.

    I have not been served papers as yet, as the letter went to where my post is re-directed to.

    But I do want to go bankrupt and was going to file myself for bankruptcy.

    It says on the letter upon hearing the petition creditors representative and the Debtor not attending - is ordered that adjourned etc

    Can they make me bankrupt in my absence and if I turn up will it delay it ??
    I've just read somewhere that Insolvency & Bankrupt is diff, if I'm insolvent can my Debtors still come after me for my debts, are they wiped off if I'm insolvent, can bailiffs still call.

    Delta
  • antonic
    antonic Posts: 1,977 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Yes,

    Its always advisable to go to court so you can tell the Judge why your going bankrupt & for you to hear the evidence in the petition.

    NOT going to court WILL NOT stop the petition being granted.

    The business that ceased 2 years ago, were you trading as a sole proprietor partnership or Ltd Co ? - also who is petitioning for your bankruptcy ?
  • fermi
    fermi Posts: 40,544 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    So far, it looks like you (or the creditor) not turning up has delayed it.

    If you want to go BR then attend and tell the court this to make sure it goes through.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Yes I was a sole trader, but most of my credit cards were used to get through a difficult time - I was running a pub !! and we all know what that was like.

    It could be a bank or water company making me bankrupt I'm not sure.

    I just want it to go through and am concerned if I turn up the court will try and delay it and offer me to go through IVA's etc, I do not want that, I am now working but every bit of my wages are spoken for in rent and food ??

    Delta
  • As said by fermi, IF bankruptcy is good for you, tell the court that you have no means to defend the petition.

    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 ***
  • Do we all agree that insolvency is bankruptcy, I'm hearing different
    in work during the day?

    How do i find out who is making me bankrupt ? I do have an insolvency Number.

    What do i need to take to court on the day?


    Delta
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You could start by checking your record on the Insolvency Register, it may say on there who petitioned for your BR. You'l need to search and then click on your surname in the register to view the full record.

    You could also ring the Court as detailed on the letter and ask them the question.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • My bankruptcy was petitioned by a Creditor. I didn't go to court, I had taken advice previously and knew BR was the only way forward, so I wrote to the court, explaining my situation and stated that I had no objection to the BR being made in my abscence. I had just started a new job at the time and couldn't afford to take the time off.

    Good Luck with everything, this was me just over a year ago, and my has it flown by!
  • Thanks MissTraddy,

    I'm thinking that is a good idea - to write a letter.

    I must admit I am still confused whether solvent once through court means your bankrupt, I don't seem to be getting a clear answer to that one, or I'm missing something somewhere.

    Did they then write and tell you which office to attend regards your paperwork?

    Delta
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 346.1K Banking & Borrowing
  • 251.2K Reduce Debt & Boost Income
  • 451.1K Spending & Discounts
  • 238.2K Work, Benefits & Business
  • 613.3K Mortgages, Homes & Bills
  • 174.5K Life & Family
  • 251.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.