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Bankruptcy

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  • Bankruptcy

    Hi all

    Just wondering if somebody can help...

    A friend of mine has a judgment against them for a substantial amount (all costs!) after losing a long court battle. The judge ordered that part of it (around half) be paid by a certain date, which was not done as my friend doesn't have enough money. The creditor has since made my friend bankrupt, but only for the amount that the judge ordered be paid by a certain date.

    Does anybody know why this would be? Can the creditor pursue the remainder of the money at a later stage?

    Thanks
    Tags: None

  • #2
    The bankruptcy petition was clearly in respect of the immediately due debt. The creditor can claim in the bankruptcy for the full amount.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thanks for your prompt reply atticus.

      So are you saying that the petition has been done for the sum that it was ordered be paid by a certain date, but the creditor is entitled to the remainder of the judgment debt as part of the bankruptcy anyway?...if so, that makes sense now ☺ So am I correct in thinking that the creditor could only petition for bankruptcy using the sum that my friend had been ordered to pay by a set date, but had failed to and subsequent enforcement action had been unsuccessful?

      Thanks again

      Comment


      • #4
        what are you trying to get at with this?
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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