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Court orders vs Bankruptcy

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  • Court orders vs Bankruptcy

    I posted a question here a month ago regarding recovering my legal costs from someone who took me to court and lost his case in the end.

    A member here suggested me to use HCEO to recover my legal costs. But after doing some research on HCEO, I am a bit concerned about what they can do for me.

    Anyway, I found some information on the gov.uk website saying bankruptcy can write off most debts, but not student loans, mortgage payments, court orders, etc..

    I asked my solicitor to clarify if it was true that the court orders could not be written off. My solicitor told me that was not true.

    If that is the case, why would the gov.uk website mention court orders cannot be written off by bankruptcy?

    I just wonder if anyone here knows more about court orders and bankruptcy please.

    Many thanks!
    Tags: None

  • #2
    Your solicitor is correct.

    The gov.uk site may have been referring to court orders in matrimonial cases. Without seeing the exact wording of the page you were looking at I cannot comment further.

    Why are you not taking your solicitor's advice about possible enforcement steps?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thanks for clarifying the situation.

      It was a member here suggesting to use HCEO. I did ask my solicitor about the HCEO option but he didn't make any comments about it.

      I guess possibly it is to do with the fact that someone else also got involved in the case. The claimant was suing me and two other people. I fell out with the two people a big time (about money) in the past, so they hired their own solicitor and I hired mine.

      My solicitor mentioned to me a couple of times that the other defendants cannot go ahead and do something without I agree to it. The same applies to me. I believe it has made the situation more difficult and complicated.
      Last edited by DCASTLE; Yesterday, 08:41:AM.

      Comment


      • #4
        Out of curiousity I looked up gov.uk. 'Guide to Bankruptcy' and found the advice below which is a little different to what you quoted.

        Guide to Bankruptcy - GOV.UK

        7.2 What happens to your debts

        You'll be freed from your debts once your bankruptcy has ended, except for:
        • debts gained by fraud
        • money owed under family proceedings (maintenance and lump sum settlements)
        • damages payable to anyone for personal injuries
        • student loans
        • court fines
        • debts created after the bankruptcy order
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Thanks for your comment, much appreciated.

          This is what I was reading before.

          https://insolvencyservice.blog.gov.u...R_ALL_MY_DEBTS

          7. Being bankrupt will clear all my debts

          True and False

          Most, but not all debts will not have to be paid by you after bankruptcy. Debts that you will still have to pay include:
          • student loans
          • child maintenance arrears
          • court orders (e.g., compensation payments, divorce payments)
          • criminal fines
          • debts due to fraud
          • any debts taken out after the bankruptcy order is made

          Comment

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