Sunmons and BR

Legacy_user

I am so close to pressing the 'go' button but still going through income etc.... However i have a court summons for non payment of council tax approaching. I dont want a liability order placed on us so trying to get it through before the date (which us 22nd august) ive spoken to the council and they have confirmed that the council tax will be included when i go bankrupt but am i safe from all the court stuff as long as i apply before the 22nd?? (thr court date) the thought of bailiffs etc is making me sick.... Hope this makes sense. :eek:

System

Summons ***

Oliver2809006

Press the button!

terrence45

Small changes to income and expenditure can be made in your telephone interview, so don't let that stop you from applying. If there's little/no earnings and no prospect of an IPA then your income and expenditure doesn't matter anyway.

Absolutely do it before you have a liability order for council tax arrears, as bailiffs can still be instructed to seize goods/cars etc (not money) after bankruptcy in these circumstances, although this is rare.

System

Thanks. So my court date is the 22nd..... If i apply by the weekend will it stop the court action /liability from going further.....??

Minkym00

You are safe from court action once the bankruptcy has gone through however it can take a few weeks for paperwork to get sorted and all your creditors to be informed. So once your bankruptcy is confirmed you MUST call the council and the court and send them your order. Ask the OR to do the same. It may be too late to vacate the hearing and it will go ahead so if that is the case you need only show up with your bankruptcy order and that will be that.

pcoventry

Yes it will be stopped if BR is granted before hand. Only when fraud is suspected is a debt not included.

CIS

Madmamma wrote: »

Thanks. So my court date is the 22nd..... If i apply by the weekend will it stop the court action /liability from going further.....??

Inform the council and they can easily advise the court on the day of the hearing that they wish the summons to be withdrawn and the liability order application ceased.

The council will almost certainly not stop action however unless the bankruptcy application has been accepted - there's always the risk, from their point, that it will fail to be granted and that can then cause issues for the council.

In real terms, working in council tax for over 15 years, I've not personally come across a case where the council have pursued a liability order where bankruptcy is granted (not worth the hassle and potential legal issues).

System

Thanks so much. I sent my application yesterday. If i dont hear if my BR has been granted by thursday (court date) what do i do then?

CIS

Madmamma wrote: »

Thanks so much. I sent my application yesterday. If i dont hear if my BR has been granted by thursday (court date) what do i do then?

Have a word with the council and show them the application - rather than withdraw it initially they'll probably be more keen to agree to an adjournment (them when it does go through, the liability order application can be withdraw).