Hello my name is ***** ***** I will help you with this.
For now please let me know if Judgment has been entered yet ?
the judgement was entered into vouultarily on the day of a high court hearing on July 30ieth In Dublin. The court gave 2 months where no action could take place and the courts have been on holiday since for 2 months. The courts open on Monday the 6th of October and the plaintiff plans to take a charge on a number of assets but suspects the defendant will cover off the option by opting for bankrupsy or an insolvency option
What do I do now I assume just wait?
Ok - yes you can go bankrupt before a charge is applied for
That would overrule any charge later as the Receiver gets automatic first charge
If the person waits until after charge the CCJ debt becomes secure and they get first bite of the cherry
The Receiver only then takes the equity
The charge was granted but a stay was put on it for two months so is that the same situation
Ok - so has the charge been put in place?
Rather than enforced?
Is the charge registered on the land?
Yes in the High Court in Dublin but no action to be taken for 2 months
Ok its bad news then. If you go bankrupt the Receiver will charge the equity left.
But the High Court debt is secure
I dont follow what does the high court debt mean. No specific assets were charged yet as the two month stay was in place but luckily co incided with the*****holidays
Ok - has the PROPERTY been charged? Is the charge registered - you said it was?
No the judgement was gven but no specific property was charges as there was a 2 month period of non action
Yes but has a charge been granted on the property?
No the plan is to put a charge on shares on various SMEs on Monday next as well as a farmof land but not possible to do it until 9AM Monday the 6th of October due to court holiday We suspect an application for bankrupsy will be applied for in a different part of the country at the same time but in a district court
Ok so no charge
In that case if you go bankrupt now the Receiver gets the charge and takes the equity
Then the other debt is included in the bankruptcy
Does that answer your question?
So no benifit to the person who went to the trouble of taking the High Court Action they have the same status as everybody else
If they go bankrupt before there is no benefit
The Receiver takes the equity
Can any action be taken to prevent the bankrupsy
Can I clarify anything for you about this today please?
Sorry - no you can't prevent it
If the person wants to become bankrupt, you cant stop them - its their right
I am guessing you are the person owed the money?
Sadly if there is a stay on enforcement there is nothing you can do