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 tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

if an interim charge was put on a property before the owner

Resolved Question:

if an interim charge was put on a property before the owner went bankrupt but the final charge came after the bankrupcy does the charge stand or can it be removed
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is XXXXX XXXXX I can assist you with this.

tdlawyer :

If the bankruptcy order was made before the charging order became final, then it is normally dismissed and the charging order of no effect.

tdlawyer :

However, there are exceptions to this, and you can apply to a court to allow the charging order to proceed even though the bankruptcy order has been made.

tdlawyer :

If you bear with me for a moment, I'll find you the authority for that, and you can consider making an application to the court if you think it appropriate.

tdlawyer :

Are you there?

Customer:

yes

tdlawyer :

Fabulous. Just give me one more minute.

tdlawyer :

The provisions which confirm that the charging order has no effect in the circumstances (normally) is section 346 of the insolvency act 1986.

tdlawyer :

However, section 346(6) gives the court a discretion to set aside this general rule.

tdlawyer :

So it is not absolute, and the court can do something different, allowing the charging order to continue.

Customer:

The owner of the property applied to the land registry, to have the charge removed but the land registry did not remove it and said it will still stand does that mean it stands in law.

tdlawyer :

Yes, until the court says otherwise, and the Land Registry will not action anything.

tdlawyer :

However, you need to be aware of the provisions in section 346, which I have referred you to, as the bankrupt or his trustee may seek to have it discharged on the basis of this section. If they do, then you should be aware that you have the right to seek to persuade the court to do something different under section 346(6).

tdlawyer :

Does this answer your question? Is there anything more I can focus upon to help you with this?

Customer:

thank you tony thats been very helpful

tdlawyer :

Great. Thank you. XXXXX ask whether you're happy with the service today please? We're always trying to improve and ensure better customer satisfaction.

Customer:

yes very thank you

tdlawyer :

Thanks - have a great day.

tdlawyer and other Law Specialists are ready to help you