How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK-Justice Your Own Question

UK-Justice
UK-Justice, Barrister
Category: Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
41133288
Type Your Bankruptcy Law Question Here...
UK-Justice is online now

1. I was bankrupted in default in August 2010, as I wasnt

Customer Question

1. I was bankrupted in default in August 2010, as I wasn't aware of the Hearing. This was the ninth Hearing on this matter. I immediately applied for a Set Aside which was refused. I Appealed this and this was refused in June 2011. I immediately wrote and asked for the Decision to be reconsidered at an Oral Hearing. I have had no reply to this.
Is the Appeal extante?
2. In the meantime, pending the outcome of the Appeal and on the assumption that the Appeal was extante, I simply carried on business as usual. This matter was fully disclosed to the OR and I voluntarily agreed to a suspension of the 12 months rule. As part of "business as usual" I paid some £48K+ to mortgagees.
What is the status of this £48K? Can the Trustee pursue this? What is the Case Law on this matter?

3. The Trustee is attempting to Repossess my home, even though he is third in line and the other charge holders are happy. I am appealing the PO and want it suspended on the basis that there are many other assets which will clear the debt. What is the method and process of Appealing to the ECHR under Article 8, rights etc? Can the PO (and warrant) be stayed pending the outcome of the ECHR?

OTHER BACKROUND:
The pre bankruptcy net worth is £2.5m, at the bottom of the market, but all assets are charged.
A real mess but also quite amusing. I am also owed £230K by the VAT man for which the arithmetic has been agreed but progress has been suspended and they are holding to offset future liabilities to HMCE due from the bankruptcy. This was at my suggestion. Should I go down the IVA route I also have a strong belief that I can carry the votes for any arrangement the insolvency professional agrees to?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Did you file an Appellants notice?

Was it refused by a Judge?
Customer: replied 3 years ago.

Yes and Yes.


 


I have asked for a case to be reconsidered at an Oral Hearing before without any problems.


 


I suspect the Court lost the letter.

Expert:  UK-Justice replied 3 years ago.
When was the date of refusal to appeal?

Customer: replied 3 years ago.

17 June 2011.


Oral Hearing App 25 June 2011 by fax

Expert:  UK-Justice replied 3 years ago.
And why have you waited so long to chase it?

Customer: replied 3 years ago.

I am not chasing it! Having an Appeal pending suited me until July 2012.


 


The whole matter is a clerical farce, the wrong recording was sent to the transcription people. After 3+ months the right one was found. The judgement took 2+ months to approve. All the while the Appeal Court was kicking my ar*e. The Court is not my bailiwick! This is all documented in embarrassing detail.


 


In the meantime, business continued as usual. The OR and Trustee did nothing to protect the assets from the consequences of the bankruptcy.




I have the votes to force through any IVA and force massive losses on the Crown as tax collector. I do not wish do this in spite of prompting by the Insolvency Prof.

Expert:  UK-Justice replied 3 years ago.
Until the Appeal has been granted it will be business as usual.

You need to seek an oral hearing.

But based on the fact permission was refused, permission on the papers was refused then it may be than oral permission will be refused.

What you need to do is seek an order suspending any further action by the OR etc until the outcome of the appeal - that is what you need to do.

But the OR will continue unless there is a suspension because the original order is still valid.

While there is a live order the OR does not need to stop doing anything.

So you need to make an application suspending the OR pending permission to orally appeal.

I hope this helps.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

You are using too much technical common sense. I have already looked at seeking a stay but will, if necessary, default to the IVA.


 


Can you answer the other questions plse?

Expert:  UK-Justice replied 3 years ago.
For the avoidance of any misunderstanding - what else would you like to know?
Customer: replied 3 years ago.

2. In the meantime, pending the outcome of the Appeal and on the assumption that the Appeal was extante, I simply carried on business as usual. This matter was fully disclosed to the OR and I voluntarily agreed to a suspension of the 12 months rule. As part of "business as usual" I paid some £48K+ to mortgagees.
What is the status of this £48K? Can the Trustee pursue this? What is the Case Law on this matter?

3. The Trustee is attempting to Repossess my home, even though he is third in line and the other charge holders are happy. I am appealing the PO and want it suspended on the basis that there are many other assets which will clear the debt. What is the method and process of Appealing to the ECHR under Article 8, rights etc? Can the PO (and warrant) be stayed pending the outcome of the ECHR?

Expert:  UK-Justice replied 3 years ago.
2. The £48k is still valid. As such you are right to continue on as normal.

There may be case law, but given the credit for this question (and low urgency and low detail) I am unable to research the point for you as it may take a few hours.

But you can search cases at:

www.bailii.org/

3. You can't appeal to the ECHR.

You must first apply to suspend the warrant, then if rejected apply to a Circuit Judge for appeal. If dismissed then you need to seek permission from the Court of Appeal to appeal. If that is dismissed then that is the end of the matter.

But apply to suspend any warrant first.

I hope this clarifies.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Bankruptcy Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Bankruptcy Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Update (Please read my questions, your requests for fi and your answers):


 


The farce continues: At the Permission To Appeal hearing (25 01 2013), HHJ Pelling was on seat. My arguments centred on the proposition that I am solvent - or was in Aug 2010 when the Default bankruptcy was given.


That there were plenty of other assets where the Trustee ranked higher etc.


 


On at least 6 occasions HHJ commented that these were arguments regarding the Appeal of the Bankruptcy Order. Eventually HHJ asked what had I done about the Bankruptcy Appeal. I referred him to p 315 of the Bundle where the Order refusing the Appeal was exhibited (but with no name). He asked what I had done about it? HHJ then commented it was his order!


 


Next page was email between me and sol where he advised me to go for an Oral Hearing. Page after that was letter copy of letter of 27 06 2011 to Court requesting Oral Hearing. I had heard nothing so Appeal was extant - also debt was ex nihlo, utilising Crown Preference to hide behind Liability Orders that Court cannot go behind.


 


HHJ was not happy but stuck to the rules and refused permission to Appeal. My Witness Statement also stressed that this was not only an abuse of Crown Preference but a business development (i.e. fee earning) opportunity by Cobbetts - an exercise in fee maximisation via churning of the account.


 


I then emailed the Court regarding the Bankruptcy Appeal and 3 days later also asked for a whole series of Stays and Injunctions.


 


I have asked for Order to be emailed to me as was going away. Court said no and have picked up Order from HHJ Hodge refusing Oral Hearing on basis of:


 


1 & 2. No letter requesting Oral Hearing on file. My proof of fax is lost but I approached sender and have copy of log faxing to Court fax no on 27 06 2011.



3. No communication from me until 31 01 2013. This is correct but I am subject of Court, have no status and have often had to wait 18 months before any action by court. Real reason is that Fax proof and proof of posting of Transcript of Judgement are lost. Only thought of log of Fax sender at end of Jan 2013. This has been sent to the Court.




4. No transcript of judgement on file . As per 3, the proof of posting is lost but it was posted to Court 4.30, 1 April 2011 from Heaton Moor PO. This information was passed to Court via email to Court on 25 05 2011, with another copy of transcript.




Stays and injunctions were also refused but HHJ Hodge said section 282 or 375 of Act available to Annul bankruptcy.


 


Supervening Events.



1. Amazingly, Cobbetts have gone Bust!


 


2. My Trustee has retired - more likely resigned/ sacked from Grant Thornton.


 


Whilst checking out sections 282 and 375 I came across a case against Wolverhampton Council where a judge went behind the Liability Orders supporting a Stat Demand and bankruptcy. The debt was for £750 but the costs etc. were £37K+. The Local G Ombudsman found in bankrupts favour and Wolverhampton had to return him to "where he would have been."


 


By the way, in an earlier Appeal, it was HHJ Hodge who refused to go behind the LOs, ergo confirming the Stat Demand.


 


Further Questions:




1. Is there a formal method of approaching High Court to get them to reconsider the Oral Hearing? It is obvious that the the basis of the Order was assumptions that can be proved to be wrong - via the fax log and email to the Court with the Transcript which was also posted on 1 st April 2011.


 


2. Failing that, what is formal approach to Annul Bankruptcy under sect 282 or 375, 1? - i.e. which form etc.?.


 


3. Can this Application be expedited, or immediate Stays, Injunctions be put in place pending Hearing? Basis of Stays is that Losses to me will explode from a few hundred £K to £2.5M in the next few months. Out of the loss of £2.5M, the Crown will lose circa £800K in CGT.




Let me know charge asap!

Expert:  UK-Justice replied 3 years ago.
If permission has been refused then you can only apply to the Court of Appeal to appeal.

That is your only legal route - the Court of Appeal.

This is because permission has been refused.

I hope this clarifies.




What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Max Lowry

    Max Lowry

    Advocate

    Satisfied Customers:

    80
    LLB, 10 years post qualification experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    80
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    70
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Solicitor

    Satisfied Customers:

    38
    Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    14
    I have been a solicitor in High Street Practice since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30936
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    12886
    Qualified Solicitor - Please start your question with 'For Ben Jones'