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Understanding HMRC repossessing ex's home impact on my charging orders and ongoing arrears

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Apologies if this is the wrong part of the forum. 

I'm trying to understand at what stage I get officially notified by HMRC or the Courts as my ex has been declared bankrupt and HMRC are applying to the Court for an Order of Sale for his house, which he owns but his current wife has an interest and I have 2 charging orders for arrears registered before the bankruptcy and one which is after the Trustees for HMRC registered a charge.  I understand the charges registered before will be paid if the house is sold but potentially not the one after. I am also going back to court for further arrears (enforcement as the court considers appropriate) and don't want a charging order if there is no house by the time I get it to enforce against. 

In particular, trying to understand if there is anything I can do within the HMRC/repossession process to protect my interests, if so what and worth getting a solicitor to act (therefore also useful to know timescales) and at what stage. 

Is the process the same as if a lender repossessing as everything on line is about lenders repossessing and for people being made bankrupt?

Ex decided not to pay maintenance when our child decided (and Court agreed they didn't have to) not to see them (Section 8 Childrens Act application by me) following neglect/mistreatment. Is this relevant in getting any priority from the Court in repossession and settling debt?  They have CPTSD and physical and mental disabilities but monies are arrears as now a young adult. 

I have acted as LIP for charging orders as bad experience first time with solicitor and barrister.

Many thanks for any advice or links to relevant information. 

Comments

  • ManyWays
    ManyWays Posts: 1,344 Forumite
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    after the Trustees for HMRC registered a charge
    Do you mean after the Trustee in Bankruptcy registered a charge? 
    Did HMRC have a charge before bankrutpcy?
  • TC77
    TC77 Posts: 2,305 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Yes, my last final charging order was registered after the Trustee in Bankruptcy registered a charge. I made contact with them as Land Registry alerted me to the charge ahead of me and TiB advised about to make an application to the Court for an Order of Sale, but I'm not a party to bankruptcy. realise as I have earlier charging orders I'll know when the house is actually being sold but understanding the process and if any opportunity to state my position is difficult.
    While seen that bankruptcy doesn't extinguish maintenance there seems to be an opportunity for bankrupt to ask for it to be dismissed but for the Court to have some discretion about disbursement of monies. TiB have copies of my orders I sent them, but someone said I should explain economic abuse and child abuse (why they don't see him and his excuse not to pay). He had the means over last 10 years as v high earner but chose not to and knew commitment before then having more children.
    Sorry, abit of a rant.  
    Also read that I can ask the family court to share information with bankruptcy process but unsure if I can ask or the family court can ask for details of bankruptcy - as I don't know level of assets and debt (house > £2m) 
    Any advice or information appreciated.
  • ManyWays
    ManyWays Posts: 1,344 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    ok so when you wrote HMRC are applying to the Court for an Order of Sale did you mean the trustee in Bankruptcy is applying for an Order for Sale? 

    The Official Receiver guidance says this about applying for a charging order after bankruptcy
    https://www.gov.uk/guidance/technical-guidance-for-official-receivers/12-creditor-action-against-the-insolvent-and-their-property

    12.70 Charge generally not to be made final after commencement of insolvencyIt has been held that the liquidation or ‘incipient’ liquidation (which would generally be taken to mean the presentation of a petition) of a company would be sufficient grounds for the court not to make a charging order and, where an interim charging order has already been made, to discharge that order1. This principle would apply equally in bankruptcy.
    It has also been held that, in considering an application for a final charging order in circumstances where it is aware of the insolvency proceedings, the correct course of action for the court would be to adjourn the application pending the outcome of the petition, following which it is likely that the application will be stayed indefinitely2. In this, it should be noted that the applicant is under a positive obligation to bring the existence of other creditors to the attention of the court.



  • TC77
    TC77 Posts: 2,305 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Yes,  I did mean the Trustees appointed on behalf of HMRC. I had the interim order and hearing for the final order before the  Trustees made a registration and therefore the final order after this. Only aware of the bankruptcy as Land Registry alerted me to an application ahead of me.

    Thank you I found this guidance at the weekend but not the section you reference which is helpful. 
  • ManyWays
    ManyWays Posts: 1,344 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    the Trustees appointed on behalf of HMRC
    I am sorry but I am still not clear. Is this the Trustee in Bankruptcy that has applied for an order for sale? They are NOT acting on behalf of HMRC (even if it feels like that because HMRC is a big creditor.)
    Or do HMRC also have a prior charge and they are applying for an order for sale? 
  • TC77
    TC77 Posts: 2,305 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Hi, the trustees have applied ( or about to) for possession and then sale. The registration was before my final order was registered but after my interim order was registered. My final CO was granted 2 weeks before their application but after completing forms etc my application to land registry was received after theirs.  I had no idea that there were other proceedings.
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