Bankruptcy and General forms of Judgment or Orders

[redman07]

Hi

Unfortunately I had no alternative but to declare myself bankrupt approx 10 months ago. About 18 months previous to me declaring bankruptcy I had received a court order to pay a creditor. Due to my spiralling debts I never did manage to satisfy the order.

Yesterday I received a "General Form of Judgement or Order" from the County Court. (N24)

It would seem that the old creditor has had an "The order for questioning be adjourned generally with liberty to restore"
Is this legal ? What does it mean ?

I was under the impression that once I had declared myself bankrupt then all my debts would be written off ?

Any help or advice that you can give me would be greatly appreciated.

Many thanks in advance.

Redman07

[Amethyst]

Re: Bankruptcy and General forms of Judgment or Orders

This debt was already in the courts and under a CCJ prior to your bankruptcy. Had they asked for an order for questioning before the bankruptcy - or is this the first you have heard of it ?

At the top of the order does it state anything like .... District Judge xxxxx on reading the application of xxxxxx .... ?

[Nibbler]

Re: Bankruptcy and General forms of Judgment or Orders

So an attempted order for information from the creditor that the court has stayed under s285 of the Insolvency Act 1986?

You are not legally 'released' from a bankruptcy debt until you are discharged, although enforcement under a CCJ etc may be excluded or stayed in the meantime.

[redman07]

Re: Bankruptcy and General forms of Judgment or Orders

So an attempted order for information from the creditor that the court has stayed under s285 of the Insolvency Act 1986?

You are not legally 'released' from a bankruptcy debt until you are discharged, although enforcement under a CCJ etc may be excluded or stayed in the meantime.

Hi
Thank you for your extremely prompt reply.

I understand that I am not 'released' from my bankruptcy untill I am discharged but I don't quite understand what this creditor is trying to achieve ?

Are they asking that the order for questioning be postponed until I have been discharged from bankruptcy with a view to attempting to get me back in court once discharged ?

Sorry if I seem a little bit dim here only I was under the impression that once I had been discharged from bankruptcy then all my debts were cleared/written off etc.

Is this not the case ?

Many thanks

[Nibbler]

Re: Bankruptcy and General forms of Judgment or Orders

They are and they would be.

You haven't really given any information to say, if this is some attempt at enforcement, when it was started. Certainly sounds like you did not have notice until now. So on that I would enquire of the court what is going on precisely.

Generally something like this would be stayed as in some cases the creditor's right to carry on may be restored. For example, in cases where despite being a provable debt in bankruptcy it is one of the limited range of types that are not written off on discharge, or in cases where the bankruptcy itself is challenged and reversed/set aside etc.

If things tick along normally and you are released from this debt on discharge then the creditor would not regain any right to carry on with the enforcement.

That is my understanding anyway. I don't do much on this court procedural side of bankruptcy.

Check with the court.

Check with the OR or trustee.

[redman07]

Re: Bankruptcy and General forms of Judgment or Orders

OK I understand now, thank you.

I will check with the court and OS and come back to the forum and let you know how I get on.

:doggieyes:

[Nibbler]

Re: Bankruptcy and General forms of Judgment or Orders

Yes, I'm making an educated guess on limited information here, so will be interesting to hear back.

In most cases these things never get off the ground.