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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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HiI unfortunately was made bankrupt in August 2013. All

Customer Question

Hi
I unfortunately was made bankrupt in August 2013. All my assets have been realised and all my creditors have been paid in full. In August 2015 I was discharged from my bankruptcy and received a certificate of discharge. However I cannot request an annulment of my bankruptcy because I was the director of a company which was forced into liquidation on the 4th August 2010 and the liquidator has taken legal action to claim that I misappropriated company funds which is entirely incorrect and so I have been contesting their claim. The action is still ongoing and the delays have been entirely due to the liquidator. To rub salt into the wound the official Receiver decided to appoint the liquidator of my ex company as the Trustee of my bankruptcy. This trustee is making no attempt to communicate with me in the 15 months since he was appointed. I estimate there is probably £12,000 cash in my bankruptcy account but the Trustee is not prepared to release this money so that I can have monies to continue fighting the liquidator in the action he is bringing regarding my ex company affairs. My questions are 1) Can the trustee retain the monies in my bankruptcy account. 2) Because the trustee has been totally non communicative even though I have sent him letters requesting information can I apply to the court to have him removed and replaced with a different trustee.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Alex J. replied 1 year ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Can you tell me on what grounds are you seeking an annulment?
Have all your creditors been repaid?
Kind regards
AJ
Customer: replied 1 year ago.

I understand that I can request an annulment if all my creditors are paid in full which they have been. However there is a current legal action ongoing where the liquidator of my company (liquidated in 2010) is accusing me of misappropriating monies from the liquidated company. However this is not the case and the matter has been dragging on now for 5 years. The trustee of my bankruptcy is also the liquidator of my company. If you carefully read my original question it's self explanatory. The main contention I have is why the trustee can retain my monies in the bankruptcy account when the action he is bringing against me as the liquidator of my company hasn't got to trial yet even after 5 years. I hope this is clear. Thanks Angela

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know at what stage proceedings are with the fraud matter?
Customer: replied 1 year ago.

A date is still to be finalised by the court but a window of between March 2015 and May 2015 has been agreed with the court.

Expert:  Ash replied 1 year ago.
Has a trial been set?
Alex
Customer: replied 1 year ago.

No

Expert:  Ash replied 1 year ago.
Ok, sadly I think you need to wait until the trial date has ended because there may be an issue in terms of funds.
If you prefer not to, you can issue proceedings and ask that the Trustee be removed.
You would need to issue form N208
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The Court would then list it for hearing and decide whether to make the order sought.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Hi Alex

I have obtained the form N208 and associated notes for completing but the form is for suing someone. Is this the correct form. I'm not really suing I'm asking the court to remove the current Trustee and appoint another Trustee. Can you confirm that this is the correct form.

Thanks Angela

Expert:  Ash replied 1 year ago.
You are asking the Court to make an Order.
So yes it is the correct form, Its not to sue someone as such as it is a Part 8 claim.
You could use form 7,1 which is an application notice in bankruptcy.
https://www.gov.uk/government/uploads/system/.../Form_7_1A.doc
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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