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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A pressuring scenario... I was bankrupt in 20 December 2012

Customer Question

A pressuring scenario... I was bankrupt in 20 December 2012 and was automatically discharged 20 December 2013. I obtained a certificate of discharge. Formal at that, I had made an application for annulment and the only wait is decision by the court on cost.
I have a property which was sold and the official receiver has been paid as he is no longer interested in the issue of bankruptcy according to several official correspondences receive from him and to the court.
I have given my authorisation for all debtors to be paid and for those who can no longer be traced, I have made a declaration of indebtedness so that their monies be paid into court funds office.
As the scenario ends so that I can have the remaining monies paid to me, the official receiver has written to the solicitors of the bank to return the remaining assets to him. According to him, the bankruptcy order has not been annulled and this is why the net proceeds of sale should be remitted to his office.
My main question is that, at the time of my application to annul the bankruptcy, he wrote to the court to say that he has no objection to the action and that he wants his fees to be paid which was immediately paid and receipted. Why is he now after my money when my family and I are destitute due to this impasse when he had refused to wade into the disagreement between us and the bank,s solicitors over the payment of creditors when he was the trustee in bankruptcy and yet stated that it is not within his powers to do anything?

Thank you.
A Goldersmint
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did the Court actually annul the bankruptcy please?

JACUSTOMER-077czact- :

The application to annul under section 282(1) has not been satisfied as hearing for costs in the application is scheduled for February 2014.

JACUSTOMER-077czact- :

The solicitor representing the claimant who already have been satisfied by me through payment of all monies owed is now asking for costs and the judge hearing the annulment ordered that she will hear the costs in her court.

Alex Watts :

Ok - but was the application to annul successful?

JACUSTOMER-077czact- :

yes as the claimant posted the petition order to a wrong address and carried out the bankruptcy petition in my absence

Alex Watts :

But did the Judge Order at that hearing that it was annulled?

JACUSTOMER-077czact- :

The Judge did not order that it is annulled.

JACUSTOMER-077czact- :

I am still waiting for an answer please.

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