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Bankruptcy annulment advice needed

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  • Bankruptcy annulment advice needed

    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 canít pay the upfront £4k and if I donít get the result I need I canít pay the balance.

    so Iím 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 donít prove debts? Currently out if £35k only 2 have proved totalling around £12k.

    if I donít 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?

    Tags: None

  • #2
    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
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      pt2537 s282 Insolvency Act covers the circumstances in which a bankruptcy order may be annulled. In this case, see subsection 1(b).

      282Courtís power to annul bankruptcy order.


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

      (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.

      Comment


      • #4
        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?
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          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.

          Comment

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