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Max Lowry
Max Lowry, Advocate
Category: Law
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Experience:  LLB, 10 years post qualification experience
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Good morning, A debtor has petitioned for my bankruptcy,

Resolved Question:

Good morning,

A debtor has petitioned for my bankruptcy, for around £4500.00p I have offered to pay £250.00 per month but they hav not replied, I also sent £250 with my offer, the hearing is 22nd April and I,m still away from home working over this bank holiday as I need the contract and money, do I ring the court and tell them this? Or do I just let them make me bankrupt ,

I would appreciate your assistance,

Derek mole
Submitted: 2 years ago.
Category: Law
Expert:  Max Lowry replied 2 years ago.
Hi, welcome to the site. My name is XXXXX XXXXX I will help you with your question. I wouldn't recommend that you ring the Court to say you can't make the hearing or even worse do nothing. If the court makes you bankrupt it will cause you quite a lot of difficulty as your financial affairs will be overseen by the Official Receiver and it will ruin your credit record.

You should write a letter to the court but don't put it in the post because it will not get there in time for the hearing. You should fax it to the court or email it before Tuesday marked for the attention of the bankruptcy section. Then call the court on Tuesday morning to make sure they have received it.

In the letter, say that you have put forward an offer to settle the debt and even sent a first payment to show good willing. Also say that the money and offer have not been acknowledged and if the offer is not acceptable you would like the opportunity to make an increased offer. Tell the court you are not insolvent and can pay your debts. Finally, tell the court why you are not at the hearing and you apologise for the non-attendance and in the circumstances seek an adjournment in order to negotiate with the creditor.

This should buy you more time but it is not 100% guaranteed to work. It is always the best policy to be there in person in case the judge has any additional questions. In the absence of any other choice send the letter. If you don't do anything or just phone the court I suspect the bankruptcy order will be made.

I hope this helps.
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
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