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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 20
Experience:  Moderator
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I am a discharged bankrupt. I went bankrupt 3rd Feb 2014,

Customer Question

I am a discharged bankrupt. I went bankrupt 3rd Feb 2014, was discharged 3th Feb 2015. I am now take my debtors back to court, and if I lose I would like to go bankrupt to avoid paying the court fees. how long do I have to wait in order to do that?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

What do you hope to achieve here? If you take your debtors to court in respect of any money owed before your bankruptcy which is possibly the money owed to you that resulted in the bankruptcy, that money now belongs to the trustee in bankruptcy so you can’t actually do that.

Customer: replied 1 year ago.
I have already got the cause of action assigned back to me by my OT. I got it back before I issued the claim
Expert:  F E Smith replied 1 year ago.

Okay. Thank you. That’s the first hurdle overcome.

When you say go bankrupt to avoid paying the court fees do you mean court fees or do you mean defendants solicitors fees?

If you mean defendants solicitors fees and the defendant raises the issue, and they are concerned that as you are only just discharge from bankruptcy, you may not be in a position to pay their solicitors costs in the event that your action is not successful, they can ask the court for an order for security for costs which means that you would have to provide some security for those costs in the event that you lose either by way of property, third-party security, or cash paid into court.

So it may not be as straightforward as you think to simply go bankrupt to avoid paying the defendant’s costs in the event that you lose.

You ask how long do you have to wait in order to do that? Do you mean go bankrupt? What you would normally do is simply ignore all the demands for money and let one of the creditors bankrupt you. The amount of debt for bankruptcy went up last year to £5000 from £700. Is now not possible to bankrupt the person that owns less than £5000.

Customer: replied 1 year ago.
Would the judge ever waver these fees to allow the case to proceed? I don't have any assets, but this case is fraud and I feel the police need to get involved?
I didn't write my POC very well, and the defendants want to strike the case out out on these grounds. Will the judge allow the case to be struck out even though it need to be investigated by the fraud police? One of the defendant has made a defence, but has lied in it, and I can prove that the defence is not true, but I fear that the case will never get to the stage where I can put it in front of judge. I have included the defence below. If the case is struck out at CMC I am still going to incur all of these charges, before the court can ask me for the third-party security in order for the case to continue. and if so can I go bankrupt again? ps I wanted to ask you for a quote to put forward a document to the Master to set out all these things in my favor
I would also like you to give me a quote for helping me to prepair for the MCC where all these things will talked about.
Customer: replied 1 year ago.
defence below
Expert:  F E Smith replied 1 year ago.

I fear that this question has gone outside my sphere of expertise because you are now asking about things unrelated to the original question. I will opt out for another expert.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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
Customer: replied 1 year ago.
please. I will wait.
Thank you
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.
Please close it then