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Max Lowry
Max Lowry, Advocate
Category: Bankruptcy Law
Satisfied Customers: 80
Experience:  LLB, 10 years post qualification experience
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I was discharged from bankruptcy on 5th Feb 2013. The IP took

Customer Question

I was discharged from bankruptcy on 5th Feb 2013. The IP took me to court on 4th Feb 13 to try and claim my home. The court ordered a valuation of my property which consists of a house which sits in 5 acres. The valuation came back and showed the whole property being worth less than the mortgage. The IP requested the value of some of the 5 acres which could be classed as 2 paddocks although they are classed as 1 property on the mortgage. When we went back to court, outside the courtroom, he presented me with an application to take the land saying that in insolvency law, the land can be classed as not part of the residential home. Although the judge told him off for only just presenting this new application, he said that the IP could have a charge on the land only and whenever I sold the property, the land would have to be valued again and the extra would belong to the IP. The court order only states that the land is not part of the property although no one has asked the building society, they previously refused to allow the separation of the land from the house.The charge at the Land registry is still the original charge from the when I declared bankruptcy and although I have asked the IP to remove the charge as it is now incorrect, and submit a new charge outlining the land, he has refused. Can I apply to court to request the removal of the incorrect charge as the IP has refused.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Is the charge currently in place and "all monies" charge? Or is it just a charging order?

Kind regards

AJ
Customer: replied 2 years ago.

It is the original bankruptcy restriction order that was applied when I was originally declared bankrupt.


 


The property reverted to me as it was valued at the same amount as the mortgage, but the judge ordered that a charge could be placed on the land which he outlined in red as part of the order that stated the land would not be part of the property.


 


Karen

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Does the charging order say it is for "all monies" owed?

Kind regards

AJ
Customer: replied 2 years ago.

It actually says


09.02.2010) BANKRUPTCY RESTRICTION entered under section 86(4) of the


Land Registration Act 2002, as the title of the proprietor of the


registered estate appears to be affected by a bankruptcy order made by


the Worcester County Court (Court Reference Number 85 of 2010) against


Karen Lynne Haycock (Land Charges Reference Number WO 19574/10).


No disposition of the registered estate is to be registered until the


trustee in bankruptcy of the property of the bankrupt is registered as


proprietor of the registered estate.


 


Karen

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

I am more than happy to wait for an answer.


Many thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hello,


 


Has anyone picked up my question?


 


Thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.

Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.

I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Hello


please cancel the question and refund the deposit.


thank you.


karen haycock


 


 

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