HELP ! recently bankrupt - BAILIFF COMING TOMORROW!

fermi

Why-oh-Why wrote: »

I thought if you were made bankrupt the council include any arrears into this, or thats what I was told when informing the council of my problems, was I informed incorrectly... Hope you are ok dreamon, must be very stressfull.

Arrears from the previous financial year/bill are included.

Council Tax is calculated daily. So if you pay by installments then any arrears for the current year up till the the day of BR can be included as well. But your liability to pay continues forward from the BR date.
But this second case can be a bit of a hassle for you or the OR to get the Council to agree to or acknowledge, hence the confusion.

Why-oh-Why_3

Thats good to know, the advisor I spoke with at my local coucil said that for the tax year, then the new tax year is a fresh start! Interesting. Thanks Fermi

fermi

Why-oh-Why wrote: »

Thats good to know, the advisor I spoke with at my local coucil said that for the tax year, then the new tax year is a fresh start! Interesting. Thanks Fermi

Here it is in black and white from the Insolvency Service.

From: http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/part6.htm

40.101 Council Tax

Each District Borough Council levies and collects a tax, called a council tax. which is payable in respect of dwellings in its area. The occupiers of the dwellings have joint and several liability for council tax.

Council tax is charged on a yearly basis from 1 April each year URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#1"]note 1[/URL but the liability to pay council tax is determined on a daily basis URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#2"]note 2[/URL. The billing authority is required to make a demand for payment of the council tax separate to the notification of the amount of council tax and the tax becomes due when that demand is made but most council tax payers agree a statutory monthly payment scheme for payment of council tax URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#3"]note 3[/URL. Any amount due and unpaid under the instalment agreement prior to the insolvency order is an unsecured debt in the proceedings URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#4"]note 4[/URL. If the bankrupt's council tax is up to date under the installment agreement at the date of the bankruptcy order no amount is provable in the bankruptcy as it relates to future occupation of the dwelling.

Richard_S

fermi wrote: »

Here it is in black and white from the Insolvency Service.

Haha fermi,

It's not very often I beat you off the mark; I posted that on Post #11.:D

Addicted2Chocolate

The OR has up to 12 weeks from the BO date to notify the creditors of the BO order, by sedning the report to creditors. The insolvency servcie target is to send the RTC within 8 weeks. So if i were you I would speak to my examiner,reception can put you through if you dont know who that is. Tell your examiner the baliffs name address and ref number, and council adress and ref ask them to fax a cotofication of the Bo to the baliff and the council. The examiner should know what to put in the fax.
If the baliff does show up do as others have said, do not open door to them. Put a copy of your BO against a ground floor window, or show it through the letter box. I am afraid the baliff can levy distraint. This is from the Insolvency Service Technical Manual; chapter 9:
9.11 Local Authorities (amended May 2006)
Local authorities are able to distrain for unpaid council taxes and non-domestic (i.e. business) rates. Their right to distrain is contained in the Local Government Finance Acts 1988 and 1992, the Non-Domestic Rating (Local Lists) (Collection and Enforcement) Regulations 1989 and the Council Tax (Administration and Enforcement) Regulations 1992. Distress may only be levied once a liability order has been made by the magistrates’ court.
The right of Local Authorities to distrain for pre and post insolvency order unpaid council tax and non domestic rates is exercisable at any time, including after the bankruptcy order and even against property comprised in the bankrupt's estate. The only exceptions are where an application under section 253 for an interim order is pending whereby under section 254(1)(b) the court may forbid the levying of distress, or where an interim order has been made under section 252, in which case leave of court must be obtained before distress is levied.
Where the official receiver is aware that there is a creditor who may seek to levy distress against property that is comprised in the bankruptcy estate he/she should take all necessary steps to protect and preserve the property in question.
Only the goods of the person assessed to pay rates can be distrained upon. Goods which are situated in a dwelling house and are reasonably required for the domestic needs of the debtor and his family cannot be seized when distraining for unpaid council tax. Rented or hired goods and utility fittings are also exempt from distraint for unpaid council tax. Where goods are seized they are generally not put up for sale for 5 days in order to allow time to pay the outstanding amount plus the costs of distraint.
Where steps have already been taken by the local authority to recover a debt by insolvency proceedings or another method open to them (e.g. by attachment of earnings (see paragraph 9.125) or a charging order (see Part 4)), distress may not be levied. Where a local authority obtains a committal warrant against an individual who subsequently becomes bankrupt, the bankruptcy court has jurisdiction to stay the committal proceedings (which are punitive) (Re Smith (A Bankrupt) [1989] 3 All ER 897).
Notes: [Local Government Finance Act 1988 ch 41 sch 4(II) para 7 and Local Government Finance Act 1992 ch 14 sch 4 para 7, Non-Domestic Rating (Local Lists) (Collection and Enforcement) Regulations 1989 part III reg 14 and Council Tax (Administration and Enforcement) Regulations 1992 reg 45] [s347(8) and (9)]