Bankruptcy Hearing - no opposition

[Simonbanks]

Hi, if there have been no oppositions submitted to a bankruptcy, and it is now less than 5 business days before the hearing, do I need legal representation at the hearing to ensure the debtor is finally made bankrupt, or will the fact that failures to previously set aside the SD2 and earlier attempts to set aside the initial judgement all failed, all be enough to basically 'seal the deal'?

Thanks.

[atticus]

Nothing can be certain, but on the information you have given you appear to be in a strong position.

[atticus]

Just to add - make sure that you have complied with all procedural requirements.

[Simonbanks]

Nothing can be certain, but on the information you have given you appear to be in a strong position.

Again, many thanks for your reply.

I was previously using a solicitor but given they have been very poor with their completion of the petition and timings for delivery of that petition, I simply don't trust them anymore. I have told them and they have advised of the need to issue a notice of change of representation which is fine, but how long before the hearing do I need to submit the notice to the courts and the defendant?

Are there CPR rules aligned to this element of filing and service?

Thanks.

[atticus]

Yes, there are rules.

https://www.justice.gov.uk/courts/pr.../insolvency_pd

https://www.gov.uk/apply-to-bankrupt-someone/apply

[Simonbanks]

Yes, there are rules.

https://www.justice.gov.uk/courts/pr.../insolvency_pd

https://www.gov.uk/apply-to-bankrupt-someone/apply

Hi, sorry, can you point me to the specifics around filing a notice of change in these rules, as I can't see the detail in the links you have provided.

So to be clear, I am looking for rules that dictate when a notice of change needs to be filed with the court and served on the (debtor) in this case, ie how long before the hearing date does this need to be served?

Thanks again.

[atticus]

Why not just file and serve a notice of change as you would in standard court proceedings? I assume that the main purpose is so that the respondent knows to serve any statement for use in the hearing on you and not on the solicitor with whom you have parted company.

[Simonbanks]

Why not just file and serve a notice of change as you would in standard court proceedings? I assume that the main purpose is so that the respondent knows to serve any statement for use in the hearing on you and not on the solicitor with whom you have parted company.

Hi, I intend to, but my question re when this is required (specially according to CPR rules), as my issue is access. I don't have the debtors email address and I am still waiting for it, and I can't post it as I am away in the Caribbean, so my question still stands re the legal requirements and obligations as per PCR rules.

Thanks

[atticus]

I am aware of the question. I am unable to give an answer, save that the bankruptcy procedure does not appear to require a solicitor to go 'on the record', which may explain the absence of the rule you are looking for.

[Simonbanks]

I am aware of the question. I am unable to give an answer, save that the bankruptcy procedure does not appear to require a solicitor to go 'on the record', which may explain the absence of the rule you are looking for.

OK thanks, I guess I will just have to send this to the court via email and explain that I don't have a forwarding email address for the debtor, and can't post it to his last known address as I am not in the country, and the post out here is terrible to say the least, so my hands are tied.

Appreciate it thank you.