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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a director of a company and in the next few weeks I

Resolved Question:

I am a director of a company and in the next few weeks I will be filing for bankruptcy (personal debt). I am aware that I will not be legally authorised to remain a director of the company, but I am aware that I can apply to the court to ask that I am
granted authority to remain a director. I have spoken to the court twice and the official receiver once this week and neither can advise at what point I need to submit the application to remain a director once bankrupt, nor the form that is required. They
have both on all occasions advised me to seek legal advice. Please could you advise what I need to do and when?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Once you have been made bankrupt then you can apply to remain a Director. You would need to complete form N208 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The Court would then list the matter for hearing and decide whether you can remain a Director.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hello,Thank you. My understanding is that at the time I submit my bankruptcy papers, I have to have already resigned from directorship...this is where I am confused, as, if I have already resigned to be able to file for bankruptcy, I cannot apply to remain a director. Would I have to amend the directors details again should the court authorise me to remain a director?
Expert:  Ash replied 1 year ago.
I would amend the details yes. You can word it so:
To remain as a Director or in the alternative you may be permitted to be appointed as Director.
That covers both.
Alex
Customer: replied 1 year ago.
Sorry I am confused by your answer.
When I submit my bankruptcy papers, after resigning, do I have so submit an application to ask that I can remain a director, or do I submit a form prior to filing for bankruptcy?
Expert:  Ash replied 1 year ago.
You submit once you have been made bankrupt.
Because before you are bankrupt you are still entitled to be a Director.
Does that clarify?
Alex
Customer: replied 1 year ago.
Oh ok, It is a strange way of doing things, but yes it does thank you.
Are you aware of what sort of circumstances the courts may allow a person to remain a director during a bankruptcy period?
If I gave you my circumstances, would you be able to advise what you would expect a courts response to be?
Expert:  Ash replied 1 year ago.
Sadly it really depends on the evidence you present and the Judge. I can't say what a Judge will do.
Alex
Customer: replied 1 year ago.
Ok thank you. The form you advise to use, asks is a claim form and asks for claim details, claimants details and defendants information, is this a one form fits all form? The terminology is confusing.
Expert:  Ash replied 1 year ago.
Yes its a Part 8 claim form. I know it can be confusing - you may want a Solicitor locally to help fill it in for you.
Alex
Customer: replied 1 year ago.
Thank you for your help...If only I could afford one!
Customer: replied 1 year ago.
Could please you advise if there is a cost to submit the Part 8 claim form, if so how much?
Expert:  Ash replied 1 year ago.
There is a cost, £280
If this answers your question could I invite you rate my answer before you leave today.
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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/
Customer: replied 1 year ago.
Alex,Apologies for the delay, I have been paid today.I wanted to ask, what activities would I be able to carry out when bankrupt if not able to remain a director.
Expert:  Ash replied 1 year ago.
You cant control the company, you can still be a shareholder.
Does that help?
Alex
Customer: replied 1 year ago.
Alex,so can i do the admin, provide customer quotes, general 'leg work', as long as i am not making decisions that control the company?
Expert:  Ash replied 1 year ago.
Correct
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That is fantastic! Thank you so much. I apologise for the delay in rating etc.
Have a great weekend!