BR hearing at High Court this week - panic has set in

JCS1

dreamon wrote: »

What is a SOA is that something that I would have in advance if I had filed for BR myself. I haven't been advised on the petition that I have to attend and it does not give any indication as to what I need to produce.

You'll get sent a booklet to fill in by the OR, similar to a SOA. Covers the same questions, but in a slightly different format. You wont need it for the hearing, but will need it for your interview with the OR.

Richard_S

dreamon wrote: »

anyone out there ?

Would it go against me if I didn't go to court ?

Hi dreamon,

We were being advised by a solicitor specialising in insolvency at the time we were declared bankrupt and her comment was something along the lines of "go along if you're interested otherwise it won't make any difference at all".

We weren't interested, we didn't go along, and it happened anyway; by coincidence I've got the "B.O on Creditor's Petition" before me and it reads:

"Upon the petition of xyz Ltd, a creditor, which was presented on xx-yy-2006 Upon hearing the Solicitor for the Creditor and the Debtor not appearing
AND UPON reading the evidence

IT IS ORDERED that Sir Richard_S
of Cloud Cuckoo Land

And the court being satisfied blah blah

be adjudged bankrupt

By coincidence it was the same Judge who so kindly turned down the bank's request to repossess our house some 6 months later, and gave us some very warm friendly, off the record comments, about how to ensure that we kept the house.

If he remembered, it obvioussly didn't bother him that we hadn't shown up for the bankruptcy hearing.

I would just do whatever you feel most comfortable with.

Richard

rog2

Hi dreamon - I, too, was declared bankrupt, by HMRC(Inland Revenue) at the Royal Courts of Justice (High Court) - I am told that HMRC only use the High Court for bankruptcy hearings - Possibly because the 'inherent fear' of attending such a 'feared' venue may frighten people into 'finding' the money to pay them off - that comment was meant sarcastically, as, in the event, there was absolutely nothing to fear about the venue, other than getting there on time.
My bankruptcy hearing was held in the Thomas Moore Building, which is an annexe of the main Court building. You still need to go through the main entrance, but, once past the 'security' screening, there are 'guides' who will take you directly to your appointed court.
Once you arrive, you will, if it is the same as when I attended, be pointed towards the HMRC Solicitors? who were a group of four women sitting around a table, apparently totally disinterested in what was going on. They will look at your forms and may say that they will be asking for a six week adjournment, especially if you want time to submit updated accounts. If, as with me, you tell them that you are unable to pay their demand, then they will tell you that they 'intend to ask the court to issue a bankruptcy order'. It was all a bit 'mechanical' to me. I was asked to wait for about 10 mnutes, then one of the HMRC representatives led me into the 'small' courtroom. We had to wait a couple of minutes for the judge to arrive. He was extremely pleasant - the HMRC representative simply said 'In the matter of Mr rog2, HMRC have been unable to reach satisfactory agreements and request that a Bankruptcy Order is issued'. The judge asked me if I was in agreement with this and had I taken any advice. He also asked if I would be able to make payment, if given an adjournment. When I explained that I was both unable to pay and that I did not agree with the HMRC assessment, he explained that the Bankruptcy Hearing did not deal with whether or not the HMRC assessment was correct - that should have been dealt with at the time HMRC obtained the CCJ - a quick look at my file and he asked me if I was aware of the implications of bankruptcy, then said it would also give me a 'fresh start'. He then uttered the words 'At 10.34 am on Monday the 26th October 2006 - I now declare Mr Rog2 bankrupt.' He smiled - said 'that's it' and wished me all the best for the future - he also suggested that I may wish to have a look around the Courts (an invitation that I was happy to decline) before shaking my hand. Total time in front of judge - 4 minutes maximum.
Back in the outer office I was given a piece of paper with the address/phone number of the Insolvency Service (OR) which is about a mile from the High Court. I rang the number, explained that I was not a London resident and they told me that I would be contacted by one of the local Insolvency Services offices.
That, basically, was that. I did take my accounts and bank statements, but was NOT asked for them until my OR meeting which was about 4 weeks after my bankruptcy hearing - so I could have saved myself the hassle of carrying them.
Your partner CAN accompany you to the hearing, although he may not be allowed to 'contribute' anything, other than moral support. But it's really not that daunting.
I wish you all the best - yet another HMRC statistic.

Herbie21

If you are being made B/R on an application by HMRC it is worth mentioning that in all cases that we see, they will agree an adjournent for 6-8 weeks if this is your first hearing.

If you are worried about attending and wish the hearing to go ahead without you, it is worth sending a signed letter to the High Court.

The fax needs to be addressed to the following:

URGENT BY FAX: 0207 947 6378

Royal Courts of Justice
Room 110
Bankruptcy Division
Thomas Moore Building
Strand, London, WC2A 2LL

You need to state the bankruptcy number.

As Rog2 has said above, it is most straightforward........and strange as it may seem I really do think that this is one of the most magnificient buildings in London so could be worth a day trip.

Either way, good luck and post back here once you are home.

Sorry, just re-read your thread. The joint account will get frozen......nil balance or not. This will happen because details of your bankruptcy will be included in the London Gazette ( a legal paper that gets picked up by all banks finance house, solicitors etc)