Following bankruptcy

[Simonbanks]

Hello,

I recently managed to bankrupt a builder after a long and lengthy battle and numerous appeals. My claim (and CCJ) related to a specific element of the build whereby he failed to order items I had paid for. Those were the basis and content for the claim made and the amount sought.

Since his bankruptcy, I have subsequently found new items he also took money for but again didn't order which amounts to many more thousands of pounds.

Can I claim for start a new claim for these items, and if he fails to pay for these items much like he refused to pay for the other items, can I again make him bankrupt again following his discharge from the first bankruptcy.

Many thanks.

[atticus]

The claims described appear to come within the definition of bankruptcy debt in s382 Insolvency Act 1986, and therefore any new claim should fail if challenged on this ground.

[Simonbanks]

Thank you that makes sense.

Concerning a different builder. I discontinued a claim against them in order to focus on other matters.

My previous claim was poorly managed by myself as well so became to complicated as it was formed on the basis of numerous small claims as and when they became apparent and then consolidated. My question is could I now raise a new claim and basically address the complete context on the basis the build was left incomplete as it failed to meet building regulations on numerous points which are clearly documented by the the council and supported by emails provide by the structural engineer who also confirmed issues with steel construction. Basically I had to pay a third builder to correct the issues and have the invoices and payments to support these corrections along with many snagging issues that they equally ignored. Also what are the statute of limitations in this regard? Many thanks

[atticus]

Yes, there may be a claim in what you say.

Claims for breach of contract must be issued at court no later than 6 years after the date of the cause of action.

[Simonbanks]

Many thanks. Further to the bankruptcy situation, are you able to advise. The appointed trustee seems to have gone very quiet concerning any formal resolution of the bankruptcy other than stating some months ago that the bankrupt appears to be in a financial position to annul, and that that was his intention. Given 12 months is almost up since the bankruptcy order was made, and given no money have been provided from the trustee, what happens next, as I am aware the bankrupt is normally discharged after 12 months, and life goes back to normal for them, yet no one that I am aware of that is owed money, has been paid. I presume the trustee needs to provide an update/report, and I also presume that the whilst the bankrupt individual is discharged, they still need to pay back the money they owe, especially if they claim they have the money to annul?

Thanks.

[atticus]

You will have to ask the trustee for a report.

I also presume that the whilst the bankrupt individual is discharged, they still need to pay back the money they owe, especially if they claim they have the money to annul.

This is not correct. Any payment will come out of the bankruptcy assets vested in the trustee. Whether this man wishes to apply to annul the bankruptcy is up to him. It is very expensive, and if he is as sharp as your posts suggest he may feel that he can get on with his life and business quite well without doing that.

[Simonbanks]

Given he has assets in his home, again I presume the trustee will seize those if he fails to come up with the money he has advised he has to annul. Must admit I am not certain what the trustee is doing.

[atticus]

It would be wise to check that the trustee is doing the things that you presume he will do.

[Missimaxo]

The trustee cannot sell a family home for at least a year after the bankruptcy. He has up to three years to begin action against the family home but this may just be securing a charge on the property not necessarily selling it. His fees (which can be very high) are also the first thing paid from any assets. He should issue annual reports on what action has been done and what is still to be done