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Magistrates court and bankruptcy

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TinyPomegranate
TinyPomegranate Posts: 93 Forumite
Third Anniversary 10 Posts Name Dropper
edited 1 May 2021 at 6:33PM in Bankruptcy & living with it
Hi, and thanks again for the brilliant advice in these forums.

I have been slowly filling in my bankruptcy online over several weeks. I have the fee saved up so that it's ready to go when I press the button.

I have today received a magistrates court summons for non payment of council tax. They give me the chance to pay the debt in full to "make it go away" (their words not mine!). The debt is a bit more than the bankruptcy fee I have saved up. In theory I could pay it today in full, if I use the bankruptcy money plus a bit more.

My question is - if I hurry up and get the bankruptcy form finished and submitted, will it cover this magistrates summons too? Or should I pay to make the case go away and start saving for bankruptcy again?

I'm not sure how bankruptcy affects things like a summons such as this when the wheels have already been put in motion.  I have around 3 weeks before the court date.

Thanks so much.


EDIT: I was just reading the paperwork in more detail and it says, under "Valid defences to the issue of a liability order for non-payment of council tax"
 - The debtor has been made bankrupt

So I think that means if I get my bankruptcy application done quickly, it will include the CT debt?

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There's no particular need to hurry as it's includable in the bankruptcy whether or not they have a liability order. If there's a jointly liable party however who is not bankrupt then they will be pursued by the council.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Minkym00
    Minkym00 Posts: 791 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    Also, because your bankruptcy will be after the new council tax year has started, the bankruptcy will also write off the sum you owe for 21/22, unless it is a joint liability. 
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