Help - Declared Bankrupt - Scotland

Drreamsurfer

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fermi

Are you in England/Wales or Scotland?

Drreamsurfer

Scotland

Thanks

fermi

Had a feeling that was that case when I saw 'DAS'.

Not sure how one goes about getting an bankruptcy/sequestration annulled in Scotland, but presumably there must be some procedure to do so?

fermi

Thread title amended so people can easily see you are under the Scottish system.

skintandfat

You can get the BR reversed

petitions

Section 16(1) of the Act allows a debtor to petition for recall of an award of sequestration, the principal grounds being either that he has paid his debts in full or has given sufficient security for their payment or that the award itself was defective for some reason.

You should know this if you are training to be an accountant

Take legal advice and call the AIB for advice on how to go about having this done

Drreamsurfer

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wildheart83

Try CAB or ring a few solicitors to see if any specialise in this area and can give a half hour consultation. Alternatively try a Money Advisor. That's correct that AiB can't give advice but there are other places who can. Hope you get this sorted out x

coolcait

Drreamsurfer wrote: »

Hi

****Edited as too much personal info***

I applied to the DAS administrator to pay this amount in full on the 17th of November. Today I found out that it has been declined as I was made bankrupt on the 18th November 2011. The original court citation states a court date of 21st October but are signed and witnessed as issued to me on the 9th November - After the court date!!!!

I'm in dismay. I cannot believe that this has happened.

Can this be recalled? Are there specialists in this area? I want to talk to a solicitor to see if this can be overturned.

My company is regulated by the FSA hence I need to tell my work this has happened. This is however grounds for instant dismissal. Should I tell my work after the solicitor? I believe that being honest and up front with my employer is the best route forward. Will it result in instant dismissal as a rule for CA's? Is there any way around this. How long will it take before my work finds out anyway?

I'm in a hopeless situation. I spent 8 years of the last 10 years of my life studying for this qualification. Paid back my student loan only to have bankrupcy placed upon me for a tiny amount relaive to earnings for nursery fees. I have not acted irrationally etc.

Please best route forward for solicitors in this area and how to approach my employer & ICAS.

Thanks

So sorry to hear about your situation

First steps, I think, would be to speak to your DAS money adviser, and get him/her to give you all the information on your DAS application. When was it sent to the DAS Administrator and accepted by them? That is the date that DAS protection would have started.

If you had DAS protection berfore the date of the bankruptcy, then the BR is technically 'incompetent'. You could apply for a recall - but you'll need some advice to help you do that.

Part of that advice will also include checking the court papers. It sounds like you're talking about a Warrant to Cite. No way should it have been served after the date you were 'cited' to appear in court.

Get your adviser/lawyer to check the dates. If you've misunderstood the papers, then your lawyer can advise you on how this might affect the possibility of recall.

If there has been an error in the procedures, that also looks like grounds for recall.

How much was the debt you were sequestrated for? Unless it was at least 3,000 pounds (including any inteest, fees and charges) then that would also be grounds for challenging it.

I think you do need to speak to your employers, but I'd suggest doing it on an informed basis - take advice first, so that you know if there is any chance of going for a recall of sequestration. If there is a chance of that, then it is something you can tell your employers.

If there are no grounds for a recall, then does ICAS have a welfare/advice department which might be able to give you some info on an anonymous basis, so that you know what options you might have?

Hope this helps a bit.