Petition

fie

Hi
Only days away from being declared bankrupt -Have received the petition with a court date .

My question is do I have to attend ?

Thanks

fie

Hi All
New to all this ! Getting closer to bankruptcy as in I have received the petition with a date in court .
My question is : Do I have to attend or is it all a formality ?
Thanks

sniggings

if you are going BR in England then going to court is needed but whether the judge wants to see you is another matter,I waited in the waiting room for 10 mins then was handed my BR order,some judges ask to see the person some don't.

antonic

Are YOU declaring yourself bankrupt OR is someone else (eg HMRC) making you bankrupt ?.

If its 1) You attend

If its 2) and you dont oppose the bankruptcy you can write to the court to say you dont oppose and therefore you dont need to be there.

dojoman

fie wrote: »

Hi All
New to all this ! Getting closer to bankruptcy as in I have received the petition with a date in court .
My question is : Do I have to attend or is it all a formality ?
Thanks

If a creditor is making you BR, then no, you do not have to attend, if you are making yourself BR, then yes, you do have to attend.

fermi

If you don't respond at all to a BR petition, then I think some judges have been known to adjourn proceedings. Depends on the circumstances I presume?

If a creditor is petitioning you, and you want it to go ahead but don't want to attend, then I would write a letter to the court to that effect. Then they will know you want them to make the BR order.

fie

Yes it`s HMRC making the petition and in my current circumstances I need to go to work !

Just did all my adding up in the weekend and it`s a lot of money I owe

£14K to HMRC and £50K on credit cards and bank loan .
How the .... did it get that bad.
Girl friend is not happy .

fie

fermi wrote: »

If you don't respond at all to a BR petition, then I think some judges have been known to adjourn proceedings. Depends on the circumstances I presume?

If a creditor is petitioning you, and you want it to go ahead but don't want to attend, then I would write a letter to the court to that effect. Then they will know you want them to make the BR order.

What do you mean by: "adjourn proceedings"

fermi

fie wrote: »

What do you mean by: "adjourn proceedings"

The judge can adjourn (suspend) the bankruptcy proceedings for up to a couple of months if memory services. Normally done if either side requests it, and is so that funds or paperwork can be found to avoid needing to go ahead with the bankruptcy.

I seem to recall hearing of a few cases where the judge has adjourned proceedings of their own accord if the defendant didn't turn up to give them a chance to get in touch with HMRC and a last chance to sort things.

Unlikely, even if true, but it might be a good idea to write to the court anyway saying you want the BR to go ahead. That way you can be sure it goes through OK on the day.

antonic

Have you contacted the Enforcement & Insolvency Service Office in Worthing to ask if they will consider a time to pay arrangement to settle what is outstanding ?

If you havent I would suggest trying, but there is no guarantee of success.

Or if your happy for HMRC to make you bankrupt, write to the court ( & HMRC if you want) to say your not opposing it and you know the implications.

(Just because your being threatened with Bankruptcy doesnt mean it WILL happen).

fie wrote: »

Yes it`s HMRC making the petition and in my current circumstances I need to go to work !

Just did all my adding up in the weekend and it`s a lot of money I owe

£14K to HMRC and £50K on credit cards and bank loan .
How the .... did it get that bad.
Girl friend is not happy .