Appealling a Bankrupty

[TheDr_UK]

I need some help in filing a bankruptcy appeal

 

3 years ago I was made bankrupt for unpaid council tax on two properties that I own and rent out.

 

I attended the court and showed the judge the names of the tenants that lived their, their tenacy agreements that showed that they were responsible for the council tax and a list of other properties I also rented out.

 

The paperwork was also shown to be incorrect, the council had listed the wrong addresses that they said I was responsible for (and for properties I did not own), they claimed to have served the documents on me at my home address (one of the listed properties) but also had a letter saying that I refused to tell them where I lived.

 

A letter from the bailiff described the person he had served documents on in person, which wasn't me but in fact was one of my staff at a business I own.

 

Small error but my name was spelt wrong on the Rule 6.1 and the addresses they claimed I owned money on had no connection me.

 

The Rule 6.7 had similar errors.

 

As the hearing progressed the judge just turned to me and said I should pay the money, I replied that I had brought the (just under £3k) with me, he came back with, that wont do it now, you need to pay costs as well, bankruptcy granted.

 

I attended the OR that afternoon and after looking at the paperwork plus my assets and income (which are reasonable) and the considerable errors on the forms he told me not to worry about it and I would hear from him at a later date.

 

Three years passed and nothing, it hasn't really affected me at all, I don't have credit cards and owed no money, as far as I was aware it was all over.

 

The end of last year the local council asked if I would sell them a property I own for a development project, I agreed and it was all going through until it showed as bankruptcy on the Land Deed Title at the LR (it isn't on mine as I have the original in my safe at home).

 

The next thing the sale is stopped and I had a letter from the Insolvency Practitioner asking for payment of around £15k or they were going to sell my home. I told them wahat had happened three years before and they advised me to appeal and also to contact their solicitor.

 

I contacted the solicitor and he said that I just had to pay it, that I couldn't appeal, I said that the sale of the other property to the council MORE than covered this amount, and that I wasn't liable for it anyway and thought it had been resolved years ago, his reply was that I couldn't sell the property I was bankrupt, and that they were having my house.

 

I have now been served with court papers to attend a repossesion hearing, they have had an estate agent/valuer give an estimate of the houses value (half that I was quoted by an agent at the same time, I was considering selling up and moving).

 

I need to fill an appeal to the court to have the bankruptcy set aside/annulled, if I do this will it halt the other case or will I have to fight them side by side ?

 

How do I fill in the appeal form, what is relevant and what is not.

 

The council (after the hearing) did write (one letter) to one one of the tenants who had moved on, their files show that they know where he lived up until the date he moved in, and where he was from the date I gave as him moving out, as he didn't reply to that letter they didn't push it any further.

 

The tenant in the other property has been VERY helpful, he hasn't had a single letter from the council, he has written to and phoned them several times but they refuse to put the council tax in his name. He has supplied me with electricity bills, phone bills, vehicle documents the lot dating back to 2001 (when he moved in) but the council don't want to change the liability as they want the money from me (it would seem)

 

Any help appreciated

[bottomburp]

This sounds very unsual as judges will, normally do everything they can to avoid bankrupting someone, especially with the assets you list v the debt.

And usually in the circumstances you describe you'd be sent away, told to sort it out (as you had the means) and to come back in 4 weeks (or so) if you haven't sorted it out.

 

Was this the first hearing? What did you pay at the time of the bankruptcy? You say you had the £3k in court but the judge said you had to pay costs too. Did you pay anything to the OR? Did you get anything in writing from the OR at the time of your meeting? Why didn't you follow this up with the OR and ask what was happening?

 

Appealing bankruptcy is very hard. You probably won't qualify for legal aid - last I heard they don't do bankruptcy work...so much for everyone is entitled to legal representation (but let's not get into that one!)

 

The Bar Pro Bono Unit is a charity where volunteer barristers help people who can't afford legal advice and can't get legal aid. They're very good and very helpful. The Bar Pro Bono Unit: Free Legal Advice and Representation

 

I'll mull this over today and try to get back to you this evening wiht more help if I can. Hopefully others will pick up this thread during the day and give more advice.

[TheDr_UK]

Thanks for the reply, yes this was the first hearing, as I didn't live at the property the first I had heard about the hearing was a few days before, I called the court and asked for it to be adjourned but they couldn't/wouldn't do it, I also phoned the council to ask what was going on as I was not responsible for these debts and knew nothing of this case.

 

Eventually I found out about a form I could fill in to explain why a bankruptcy should not be made, which I obtained and tried to serve, but as this was meant to be done at least 7 days before the hearing (and I didn't know about it at that time) it was not allowed. I explained this to the judge during the hearing, and at first he seemed to be listening, at one point as he read the papers he stopped and kept checking back between pages (which all show different property addresses typed on in error), he then just seemed to shrug and carried on regardless.

 

As soon as I said I had the money is when his attitude seemed to change, that is when the whole proceeding, which until then appeared to be going in my favour, just changed to "granted", and I was told to go and see the OR.

 

The OR seemed to be very helpful, he couldn't believe it had been granted, he told me that (legally) I had to resign my company directorship and not to dispose of any assets, but he would have a look at this file as it didn't seem to be right to him. Part of my statement to him was that I didn't know the properties to which the debt referred and had no connection with them (the addresses on all the forms were wrong) although he knew which they were intended for and all the circumstances.

 

I heard nothing from the OR ever again, or from anybody else, I just thought it had gone away as everyone had realised a mistake had been made, okay so maybe a alittle naive but as far as I knew when you were bankrupt you had no money and lots of debts.

 

I've called some local solicitors about an appeal and no one seems to do bankruptcy, I asked for a list from the Law Society of who does but their list appears to be wrong as when I called the firms all except one said they didn't and the one that does doesn't want to fight an old case (I agree, Justice In-action)

 

Thank you for your help I'll try the Pro Bono unit and see if they can give any advice.

[gizmo111]

You could try contacting an Insolvency Practitioner Insolvency Practitioners Association

 

Have you spoke to the original OR?

[bottomburp]

You need to google "insolvency solicitors" ...