Received Bankrupcy Petition

mower

After threatening for a long time, HMRC have issued me with a bankruptcy petition.

I made it worse on myself by not not making myself available receive and they had to get the go ahead to issue it via the post.

It says I have a hearing in the county court in London, but there's no way I can get down there. I saw online somewhere that if your hearing is in the county court you must attend. Is this right?

What happens if I don't go?

Very worried at the moment but I know this is the best thing for me. I need to start getting everything in order now

National_Debtline

Hello there,

If you don't go to the hearing you'll not be able to contest the petition. This means that it is very likely that you will be made bankrupt. What's important is that you communicate with the Official Reciever once the order has been made.

Are you self-employed? If so you may wish to seek some free assistance from our sister charity, Business Debtline: 0800 197 6026.

Very best wishes,

David @ National Debtline.

mower

Thank you for the reply. Do I need to tell them I'm not going? When will I receive confirmation on if I was made bankrupt?

Yes, I am self employed, I will call the business debtline tomorrow thanks. I think I spoke to them once a couple of years ago.

antonic

You dont have to attend court, in fact you can tell HMRC you are not going to defend the petition.

Check the National Insolvency register : Individual Insolvency Register (IIR) - Home

and that will give you the date of your bankruptcy.

ppguy

mower wrote: »

After threatening for a long time, HMRC have issued me with a bankruptcy petition.

I made it worse on myself by not not making myself available receive and they had to get the go ahead to issue it via the post.

It says I have a hearing in the county court in London, but there's no way I can get down there. I saw online somewhere that if your hearing is in the county court you must attend. Is this right?

What happens if I don't go?

Very worried at the moment but I know this is the best thing for me. I need to start getting everything in order now

Find myself in exactly the same position Mower, waiting for my petition to be served by post or advertisement. I've been making myself unavailable too, purely to buy some time to get affairs in order (new bank account etc). Hope it all works out for you, I know how worrying the next few months seem at present.

I've been trying to read up on the process, you don't "Have" to attend but as others say you will more than likely be declared bankrupt. My concern is being able to attend an OR interview, I am unable to walk (due to recent injury - not permanent) let alone leave the house so I'm not sure how this will be handled, hopefully by a telephone interview but I believe if you are declared bankrupt rather than petitioning for it yourself it's more likely if not certain that you will need to attend an interview. Perhaps someone more in the know can confirm?

woodformoretrees

Phone the court towards the end of the day and ask them the result of your case. Mine was adjourned the first time - I'm not sure of the reasons for this or if it's a standard thing if someone doesn't attend a creditor petition? I have to say it was a very disappointing but 6 (?) weeks later it went through.
I also phoned the OR myself to chase for an interview as they didn't get in touch speedily enough for the new 'deal with it today' attitude that my bankruptcy bought about in me.

fermi

I would add to that that is you want it to go through then it can be a good idea to respond to or write to the court stating that, and that you will not be attending. That way the judge may be less inclined to adjourn things and just grant the order then and there.

woodformoretrees

Yes, definitely.
Once it's inevitable it's better to be as proactive as you can.

JCS1

ppguy wrote: »

Find myself in exactly the same position Mower, waiting for my petition to be served by post or advertisement. I've been making myself unavailable too, purely to buy some time to get affairs in order (new bank account etc). Hope it all works out for you, I know how worrying the next few months seem at present.

I've been trying to read up on the process, you don't "Have" to attend but as others say you will more than likely be declared bankrupt. My concern is being able to attend an OR interview, I am unable to walk (due to recent injury - not permanent) let alone leave the house so I'm not sure how this will be handled, hopefully by a telephone interview but I believe if you are declared bankrupt rather than petitioning for it yourself it's more likely if not certain that you will need to attend an interview. Perhaps someone more in the know can confirm?

Unless it's changed, all creditor petitions are office interviews.

keen_kat

Usually speaking if you are made bankrupt by HMRC the hearing is held in London. Once you're made bankrupt in London courts, it gets transferred to a local OR relative to you, where you will attend the interview.

On another note, you do not have to attend your bankruptcy hearing if a creditor is making you bankrupt. HMRC do not contest a first adjournment if that is what you want to request in court.

To the original poster, are you happy to be made bankrupt? Do you feel you have no other options, like an IVA to try and get you out of this situation? Do you have significant assets that will be taken from you by the OR once you are made bankrupt ie a house?

Seeking advice from an Insolvency Practitioner firm would be a good help to you to assess your situation.

Where does my knowledge come from: i used to work for HMRC bankruptcy, and now I work for an insolvency firm. So if you want advice and help, I can always direct you in the right area.

tigerfeet2006

You do NOT have to pay for advice. If it is business debts then chat to Business Debtline. They are the sister firm of National Debtline, who you can talk to if it is not business debts. Stepchange will also give you free, impartial advice.