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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10778
Experience:  Barrister 17 years experience
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Does a freezing order cease with bankruptcy and subsequent

Resolved Question:

Does a freezing order cease with bankruptcy and subsequent discharge?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Alan, a freezing order does not automatically case upon bankruptcy and subsequent discharge. Normally, once the effect of the freezing order is over, you would have applied to the court to release the freezing order or else obtained a release from the creditor who obtained the freezing order. So, here, you need to either get such a release now or else show to the pension fund that the proceedings in which the freezing order was obtained is extant.

Expert:  Buachaill replied 1 year ago.

2. Obviously, as the freezing order was obtained almost 10 years ago, you can show the proceedings are extant, for example, by showing they had been settled, or that this particular creditor had been paid. However, bankruptcy does not automatically show that the proceedings are extant. So, I would suggest you go back to the creditor who got the freezing order and get a release now. Or else, mention the freezing order before a judge upon notice to the other side and get the freezing order lifted.

Expert:  Buachaill replied 1 year ago.

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Customer: replied 1 year ago.
The release of the proceeding was settled by a high court consent order in November 2008, but the Pension fund do not recognise this as a clear discharge of the order. What does "mention the freezing order before a judge' mean in practical terms?Does on have to request a hearing?
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.

4. If the pension fund (wrongly, in my view) won't recognise the consent order, then you simply have to go back in before the judge or get a release from the other side to the proceedings. Mentioning the freezing order before a judge is that you get an order from a judge, terminating the freezing order. To do this, you simply re-enter the proceedings for the purpose of getting a strike out of the freezing order. Your solicitor can take this step on notice to the other party to the original proceedings. Normally, your solicitor would get it mentioned for a five or ten minute hearing. However, it will not take longer than a minute to do in point of fact.

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