Bankruptcy annulment advice needed

[DC17]

I declared myself bankrupt in March 21 for £35k with no assets and income of ESA and Pip.

in August my dear friend died and left me £55k in cash and a car valued at £15k.

I have tried to find a solicitor to take on an annulment application but I can’t pay the upfront £4k and if I don’t get the result I need I can’t pay the balance.

so I’m on my own here.

I need to know.

if I get an annulment because the debts have been paid in full. Will I get the 15% realisation fee back?

what happens if creditors don’t prove debts? Currently out if £35k only 2 have proved totalling around £12k.

if I don’t try and annul this I will lose all of my inheritance to fees, 15% realisation fee, 8% statutory interest, £7990 bankruptcy fee, £450 distribution fee.

is it worth the fight?

[pt2537]

I cant see what grounds you would have for an annulment, you were declared bankrupt because at the time of the ruling you were unable to pay or service your debts as they fell due.

I cant see what grounds you would have, certainly not from the message above

[atticus]

pt2537 s282 Insolvency Act covers the circumstances in which a bankruptcy order may be annulled. In this case, see subsection 1(b).

282Court’s power to annul bankruptcy order.

(1)The court may annul a bankruptcy order if it at any time appears to the court—

(a)that, on any grounds existing at the time the order was made, the order ought not to have been made, or

(b)that, to the extent required by the rules, the bankruptcy debts and the expenses of the bankruptcy have all, since the making of the order, been either paid or secured for to the satisfaction of the court


To the OP: you will need to pay bankruptcy debts and expenses in full. I am sorry, I do not know whether these include the additional levies. But there will be Official Receiver's or trustee in bankruptcy's costs.

[pt2537]

I'm aware of the Courts powers, what I was saying is based on the information posted I could not see the grounds for an annulment. I've challenged a number of bankruptcies over the years , but in each of those cases I had grounds to do so and could show that the order ought not to have been made


I dot see that the court was wrong to make the order.

if the op wanted to challenge the order then all of the debts fees etc would have to be paid in full and unless I'm missing something they seed to be saying they cannot pay them so that is the end of that, isn't it?

[atticus]

The OP was clearly speaking of annulment under s282(1)(b), that the bankruptcy debts etc have been paid in full - and I have handled numerous such applications over the years. Your first reply appeared to focus on s282(1)(a), that the order should not have been made.

[Rob jones]

Hello. I need help please. I received money from my house sale 6 months ago. I didn’t no my business would fail and bring me personally down too. How can I keep some of the money so I can feed my children and pay my rent

[atticus]

duplicate post by Rob Jones. See his thread in the bankruptcy and statutory demands section.