Set aside for stat demand- APPEAL

[time2burn]

Hi

We have our 3rd hearing for a application for set aside of a SD issued by MX

Ques- If we lose the application and DDJ gives go ahead for bankruptcy order, can we appeal?
what is time limit for appeal- is it 21 days from order?
do we need to do normal N161 form for appeal, or is there any diff aspects as it is to with insolvency?

Any other help would be great

We WILL appeal if we lose, just need to know process
We are LIP, no legal council or solicitors, so why your help is much appreciated

Cheers

Simon

[judgemental24]

Re: Set aside for stat demand- APPEAL

Why 3 hearings

A set aside hearing is normally a 10 minute job

Who are MX??

[nemesis45]

Re: Set aside for stat demand- APPEAL

Hi

We have our 3rd hearing for a application for set aside of a SD issued by MX

Ques- If we lose the application and DDJ gives go ahead for bankruptcy order, can we appeal?
what is time limit for appeal- is it 21 days from order?
do we need to do normal N161 form for appeal, or is there any diff aspects as it is to with insolvency?

Any other help would be great

We WILL appeal if we lose, just need to know process
We are LIP, no legal council or solicitors, so why your help is much appreciated

Cheers

Simon

Hello Simon.

What are your arguments for Set Aside.
Some history of the debt and how it has
got this far.
Who is the petitioner, how much do they allege you owe.

Nem

[FlamingParrot]

Re: Set aside for stat demand- APPEAL

Hi

We have our 3rd hearing for a application for set aside of a SD issued by MX

Ques- If we lose the application and DDJ gives go ahead for bankruptcy order, can we appeal?

If you lose the application to set aside a SD the creditor can issue a bankruptcy petition, not a bankruptcy order. That can still be challenged or sorted out in a number of ways but we really need to know a bit more to comment further.

[time2burn]

Re: Set aside for stat demand- APPEAL

Hi

Thanks for replays
MX are mortgage express
it is for shortfall on repo properties sold by LPA receivers
My reasoning for set aside are too in depth to share, and this 3rd hearing has a 3 hr time allowance
all we really are looking for is next step if the DDJ goes against our application to set aside -
so if petition for bankruptcy IS given- can we appeal that decision using normal appeal procedure - such as N161 form etc?
is it 21 days from the order given to get the appeal notice filed?

Thanks for help

Simon

[time2burn]

Re: Set aside for stat demand- APPEAL

Hi

Anyone got any help on this point ?
PLEASE

Si

Hi

Thanks for replays
MX are mortgage express
it is for shortfall on repo properties sold by LPA receivers
My reasoning for set aside are too in depth to share, and this 3rd hearing has a 3 hr time allowance
all we really are looking for is next step if the DDJ goes against our application to set aside -
so if petition for bankruptcy IS given- can we appeal that decision using normal appeal procedure - such as N161 form etc?
is it 21 days from the order given to get the appeal notice filed?

Thanks for help

Simon

[Amethyst]

Re: Set aside for stat demand- APPEAL

21 days is for appeal against set aside judgment. 28 days to appeal against bankruptcy order. If you lose the set aside then the claimants will be able to apply for bankruptcy and you can attempt to defend that. I'm not sure of the process so just tagging someone who might be able to help more [MENTION=551]pt2537[/MENTION] [MENTION=2]Celestine[/MENTION] .