How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2612
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I have a question to an insolvency lawyer, i am an

Resolved Question:

hello , i have a question to an insolvency lawyer, i am an individual , i have exchanged a contract to sell part of my house to a third party but after the exchanged i have received a bankruptcy petition on my house.there was a hearing on 26th of august, i have attended that and explained to judge that i have exchanged to sell part of my house and i was going to pay the debt, the judge agreed to give me extra time to sell, adjourned the hearing to 25th of october. I have given an undertaking to my solicitor to pay the debt to the creditor, they have agreed that they would dismiss the adjourned hearing but apparently the bankruptcy petition can only be removed by the court if i pay it in full, but that can only be done if i sell the house and i cannot sell it when there is bankruptcy petition. i have found out that i need to fill a validation order to the court. is there anything you can do
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Wont the petitioning creditor agree to remove it?

Customer: replied 5 months ago.
Until they are fully paid they wont , i contacted the court and they said my solciitor has to file a validation order
Expert:  Jamie-Law replied 5 months ago.

Wont your Solicitor do this?

Customer: replied 5 months ago.
Well i m not really sure that she understand the whole thing about this insolvency. She told me from the beginning that because i have exchanged before the bankruptcy petition i could sell it woth no matter and now they are saying we have to lift the petiition and they aren t a insolvency solciitro and she was looking for one to do it and shenis taking her time. So what i am trying to understand is where i stand , what is this validation order , how to fill it to court and is it possible to do this as an emergency , quickly
Expert:  Jamie-Law replied 5 months ago.

No thats not right. Just because you exchange it just means that you are selling.

Until you complete the property still belongs to you. If you had completed then it would be ok.

But as you have just exchanged, this just means you will be selling, so until that is done anyone can place a bankruptcy restriction on.

You need to get a Validation order, make an emergency application to the Court, your Solicitor can do this.

Once approved then all concerned can let the sale proceed and the petition can be discharged.

There is some guidance found here:

https://www.insolvencydirect.bis.gov.uk/technicalmanual/ch25-36/Chapter31/part4B/part5/part_5.htm

Can I clarify anything for you about this today please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2612
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice