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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3656
Experience:  Solicitors 2 years plus PQE
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I've received notice of a summons to attend a Public Examination

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I've received notice of a summons to attend a Public Examination on Monday on behalf of the Official Receiver for a bankruptcy I know nothing about. It seems they believe I'm at an old address (5 years ago or more). I don't have all the facts to hand as to why or what and was only contacted this morning via Facebook of all things about the hearing by the current occupier. I'm going to head over tomorrow to pick up the paperwork. Should I go on Monday and/or do I need immediate legal representation?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist. Yes you do need to attend if you have a summons - did you know you had been made bankrupt? Is this possibly a case of mistaken identity? Kind regards AJ
Customer: replied 1 year ago.

No I, I did not know. I need to speak to pick up the papers. The owner of the business (it's a pub with flat) is fuming as he believes the business name will suffer and/or police will attend. He opened the last letter which was hand delivered. As I said, I'm going to pick up the papers tomorrow.

What can I expect at this hearing?

Expert:  Alex J. replied 1 year ago.
Hi, Thank you. The owner of the business has nothing to worry about this is your personal issue and nothing to do with him. Bankruptcy is a personal matter. At the hearing they will question you under oath about your assets, income, means and liabilities. This is with a view to determining whether there are any assets in your estate to pay creditors. I would recommend that you obtain legal representation, simply because you will be giving statements under oath and therefore need to be sure you do not say anything to prejudice yourself. This is purely a civil matter, and you will need to co operate, but at the same you do not want to prejudice yourself. I look forward to hearing from you. Kind regards AJ
Customer: replied 1 year ago.

Thanks for the quick reply. Briefly, and I firstly I need to find the facts as to what the bankruptcy is for, what's the process for over-turning/appealing that bankruptcy decision. It's somewhat of a life changer.

So on Monday I'll be answering questions about a process I know nothing about. Should I phone the Official Receiver and ask to postpone the hearing?

Expert:  Alex J. replied 1 year ago.
Hi, Thank you. I would definitely recommend trying to postpone it, yes contact the OR as soon as possible. The reason why they do this process is if they feel a debtor is being evasive they will go through this ensure the debtor has to answer questions honestly. Clearly you have not actually been evasive you have simply moved. If you explain to the OR what happened they may postpone it, but they will be slow to respond. You may have to simply turn up on the day and ask for a postponement on the basis that you have only just received the notice as the order was served on a five year old address. https://www.gov.uk/search-bankruptcy-insolvency-register - You can search the bankruptcy register here and find out when the order was made.
Expert:  Alex J. replied 1 year ago.
In terms of getting the order annulled - do you have any creditors that you know of? Do you have any assets? if you can prove you are not actually insolvent then this order should never have been made.
Customer: replied 1 year ago.

I had one debt that relates to a private knee operation I had. The operation was pre-pay so paid in full. As I was in my gown waiting to go into surgery, the surgeon said he had changed his mind about the method and instead of using my hamstrings he said he'd use dead people's parts. No mention of cost or signature given and it was in dispute for years as they wanted an extra £4,500.

The operation was I think in 2006/7, so it's a very old debt that was in dispute via letter until I moved.

I have checked the register and the bankruptcy was served at an even older address and lists my occupation as restaurant manager (which was true) and they have "served" it at my old work.

I don't have assets to speak of, i.e. nothing big like a car or house etc. but am in part time work.

Firstly I was aghast at this bankruptcy award, but having looked at the register which states I'm discharged in November 2015, it may be a way to put this matter behind me cheaply and to my benefit without the expense of legal assistance (although you're cost is very reasonable lol).

Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Absolutely if you are discharged in November 2015, then in theory you should wipe the slate clean. If you do not have any assets then there is nothing for them to take from you. I would speak to the OR, explain your situation and ask for a postponement. If they wont give it to you, go to the hearing and just be up front and honest about what happened. Take your bank statements with you to show you intend to co operate.If it was the surgeon that made this order, then I would go and complain to the General Medical Council as this is potentially a conduct issue, asking a patient to commit to a more expensive procedure when under anesthetic. I am happy to assist you further but any feedback is gratefully received. Kind regards AJ
Customer: replied 1 year ago.

Hi Alex

Great job. I have the facts I need to go forward with this. I'll ask for the postponement and if that's not possible I'll go in on Monday and be upfront. Great job :-)

Expert:  Alex J. replied 1 year ago.
Thank you. ***** can assist any further please do not hesitate to contact me. Kind regards AJ
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