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If the bankruptcy order was made before the charging order became final, then it is normally dismissed and the charging order of no effect.
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.
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.
Are you there?
Fabulous. Just give me one more minute.
The provisions which confirm that the charging order has no effect in the circumstances (normally) is section 346 of the insolvency act 1986.
However, section 346(6) gives the court a discretion to set aside this general rule.
So it is not absolute, and the court can do something different, allowing the charging order to continue.
Here is the link: http://www.legislation.gov.uk/ukpga/1986/45/section/346
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.
Yes, until the court says otherwise, and the Land Registry will not action anything.
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).
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thank you tony thats been very helpful
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yes very thank you
Thanks - have a great day.