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Joshua
Joshua, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi Joshua. Further to my question yesterday I will make my

Resolved Question:

Hi Joshua. Further to my question yesterday I will make my case (which I believe is very strong) to the administrator to show that I wasn't given preference as a creditor. I wanted to ask what would be the next step if the administrator does not accept it. How can I defend my position and what power does the administrator have? Thank you.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Thanks for your follow up.

Joshua :

if the money is not repaid and the administrator is not satisfied with the evidence you present and believes he could show that you have failed to rebut the presumption of preference we discussed previously, he could bring a claim against you in the County Court to recover the money. Any such claim would be decided upon principally basis we discussed yesterday way would be for you to rebut the presumption of preference on the balance of probability the satisfaction of the County Court judge

Joshua :

if you can present strong evidence to the administrator, the administrator will be disinclined to issue a claim it is not reasonably confident of the possibility of success because he will be mindful of the cost of bringing a claim as he has responsibilities to creditors of the company

Joshua :

Is there anything above I can clarify for you any further?

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