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Re: unnulment of bankruptcy
from reviewing this thread, despite the fact that some of the HMRC debt was disputed some of the debt may have still been due i.e. penatlies for not submitting returns etc. HMRC are allowed under current legislation to submit estimates for debt where returns were not submitted (not withstanding these are often massively overstated). In order to annul a Bankruptcy you not only have to proove what the debt with HMRC is but then clear that, plus statutory interest @ 8% + all costs of the Bankruptcy including the legal costs for the petition (usually £1500+) and the costs of the official receiver which assuming a private Insolvency Practitioner has not been appointed as Trustee in Bankruptcy will be anywhere upto £2,000, if a private IP is in place this could be significantly higher.
Unfortunately the court take a narrow view of if you were treated fairly with regard to being at hearings, as long as HMRC complied with the variou protocols regarding service then its unlikely the court will overturn previous hearings on the grounds that you werent there.
Does seem harsh in your case however the rules do unfortunately tend to play into the hands of the creditor, particularly where its HMRC with regard to estimated return debts, the onus is very much on you to proove the money isnt due if you hadnt sumbitted a return on time.
from reviewing this thread, despite the fact that some of the HMRC debt was disputed some of the debt may have still been due i.e. penatlies for not submitting returns etc. HMRC are allowed under current legislation to submit estimates for debt where returns were not submitted (not withstanding these are often massively overstated). In order to annul a Bankruptcy you not only have to proove what the debt with HMRC is but then clear that, plus statutory interest @ 8% + all costs of the Bankruptcy including the legal costs for the petition (usually £1500+) and the costs of the official receiver which assuming a private Insolvency Practitioner has not been appointed as Trustee in Bankruptcy will be anywhere upto £2,000, if a private IP is in place this could be significantly higher.
Unfortunately the court take a narrow view of if you were treated fairly with regard to being at hearings, as long as HMRC complied with the variou protocols regarding service then its unlikely the court will overturn previous hearings on the grounds that you werent there.
Does seem harsh in your case however the rules do unfortunately tend to play into the hands of the creditor, particularly where its HMRC with regard to estimated return debts, the onus is very much on you to proove the money isnt due if you hadnt sumbitted a return on time.
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