asking court to adjourn bankruptcy hearing

suffolkman · 1 November 2017 at 5:27PM

HMRC has submitted a bankruptcy petition over unpaid tax bills, which is due to be heard next week.

I wrote to their solicitor and their enforcement department saying that I would like to ask the court for an adjournment of approx. eight weeks in order that I can pursue two other options: (a) setting up an IVA, or (b) borrowing at least some of the money to pay the tax bill.

Today I spoke to the HRMC solicitor, who said they would not be contesting my request. They have written to me to confirm that (though I haven't received the letter yet).

However, my question is: how do I actually ask the court for an adjournment? Should I just turn up at the hearing time and speak to the judge then? Or can I contact the judge, or the court administration, in advance by letter/fax/phone/email and make the request that way?

Thanks in advance for any practical advice!

sourcrates · 2 November 2017 at 12:38AM

Hi,

You need legal advice on this, at the very least, ask on Legal Beagles.

fatbelly · 2 November 2017 at 7:28AM

suffolkman wrote: »

However, my question is: how do I actually ask the court for an adjournment? Should I just turn up at the hearing time and speak to the judge then? Or can I contact the judge, or the court administration, in advance by letter/fax/phone/email and make the request that way?

Thanks in advance for any practical advice!

You can just turn up and request it. That's often the result of a first hearing anyway.

However, it's good practice to put your request in writing (a letter) first to the court, with a copy to the 'other side'.

I do agree that you need tailored advice here - for many people bankruptcy is the best option but we don't know your circumstances.

suffolkman · 2 November 2017 at 11:19AM

Thanks. I agree that obviously I need to take advice on the question of whether bankruptcy is a solution here - the immediate issue before then is getting some breathing space to do so, by adjourning the hearing.

I have just spoken to the court office and they tell me that I can put this in writing and send it by email, which I'll do later today. (I might also fax it as a backup.)

Do you think it's necessary to attend the hearing? I don't know that there's much information I can add which I won't give in the email anyway.

debt_doctor · 2 November 2017 at 2:29PM

Hi,
Yes, you absolutely must attend the hearing.
DD

suffolkman · 2 November 2017 at 2:42PM

Right - I have emailed the court (as they advised me to do) with the request and rationale for an adjournment, and unless I hear otherwise from them, I'll go along on Monday as well.

National_Debtline · 2 November 2017 at 6:15PM

Hi Suffolkman,

I would suggest trying to speak to someone at the court tomorrow - you may need to go there in person. You should check if you need to file a 'Notice of Intention to Oppose' to this application or would your email be enough. You can try and speak with the duty solicitor at the court for further advice. My concern is that you have not yet received written confirmation from the HMRC that they are not going to object to your request for an adjournment. So there is a risk they could attend the hearing and request it to proceed.

You are doing the right thing by going to the hearing (regardless of what is said). Are you able to post some additional details (such as how much is owed, when the statutory demand was served, what negotiations you have made to HMRC, how much you may be able to raise from family and whether or not you are a homeowner). I would recommend getting further advice from one of the free debt charities as well, if you have time.

Laura
@natdebtline

fatbelly · 2 November 2017 at 7:05PM

National_Debtline wrote: »

I would suggest trying to speak to someone at the court tomorrow - you may need to go there in person. You should check if you need to file a 'Notice of Intention to Oppose' to this application or would your email be enough. You can try and speak with the duty solicitor at the court for further advice. My concern is that you have not yet received written confirmation from the HMRC that they are not going to object to your request for an adjournment. So there is a risk they could attend the hearing and request it to proceed.

This is absolutely correct, and why I agree with DD that you must attend.

I have had cases (possession not bankruptcy) where there has been an agreement before the hearing but the message did not get down the 'chain' to the rep who was attending the hearing, and the judge made a ruling in the client's absence.

asking court to adjourn bankruptcy hearing

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