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JimLawyer
JimLawyer, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 6517
Experience:  Senior Associate Solicitor
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I will shortly have a bankruptcy petition made against me. I

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I will shortly have a bankruptcy petition made against me. I owe HMRC approx £90,000. In the summer I was promised family help to settle the HMRC bill and I put my house up for sale. My family promise fell through and I only had £22,000 left after all disbursements from my house sale. I spent the £22,000 paying other debts and used it to live off day to day for a while. I did inform HMRC of this at the time. When I’m made bankrupt can they send me to prison for selling my house and not paying towards the Tax owed to HMRC?
Assistant: Where is this? And has anything been officially filed?
Customer: Nottingham
Assistant: Has anything been filed in civil court? If so, what?
Customer: HMRC served me at home/in person with a statutory demand giving me 21 days notice
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 8 days ago.
Hi
Customer: replied 8 days ago.
Anyone there?

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

Did HMRC know you had a house? Did you tell them you sold it off before they mentioned a bankruptcy petition?

Customer: replied 8 days ago.
Yes I told them I own a house.
I also told them I sold it and used/spent the money clearing credit cards and to live off well before the petition was served.
I sold the house back in May this year. I informed them in July or August of the house sale and that my family promise to repay the owed money fell through. The petition was served to me in November this year.
Customer: replied 8 days ago.
They did send me bankruptcy warming letters in the Summer but no mention of a petition.

OK, thanks - there is no crime committed so don't worry, you are not facing prison.

 

Customer: replied 8 days ago.
Great ��
Customer: replied 8 days ago.
Thank you

The worst that will happen is they get their bankruptcy petition granted by the insolvency court, the Official Receiver contacts you to interview you by phone (or in person) and any other assets are taken in to account to repay HMRC and any other creditors...

Customer: replied 8 days ago.
Ok.

The bankruptcy usually lasts for one year and you are then discharged (the debt is written off).

I hope that answers the question.

I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 8 days ago.
When I click the 5 stars it does not give me the option to rate or submit??

That's strange, if you click the 5 stars and either a submit button or a smiley face. Not sure as it's a customer's interface which I can't see. Could you let me know what you see?

Customer: replied 8 days ago.
This is the screen I get after clicking the 5 stars?

Thanks, I will ask customer services as normally there's a screen to allow a rating. Thanks for letting me know - will come back to you.

Have a good evening

Jim

Customer: replied 8 days ago.
No worries. Thank you Jim!
Customer: replied 8 days ago.
By the way how long after the 21 days notice is up does it take to complete the whole bankruptcy process prior to the 12 months period starting?

It's not long as HMRC can apply online and is usually approved within a couple of weeks. The order is made soon after and the process takes up to 12 months after which you are then "discharged".

I asked customer services regarding the rating and they said it should work if you use a PC but it's fine as I should be able to get the rating after 3 days in any event.

Let me know if you have any other queries.

Thanks again,

Jim

JimLawyer and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 days ago.
Ok thanks Jim.
I’ll rate via PC shortly.
Customer: replied 8 days ago.
As I do not have any assets in terms of cash and/or property and live at my parents house can HMRC bailiffs remove goods from my parents house or just from my bedroom?
Customer: replied 8 days ago.
And do the HMRC bailiffs give notice via the post prior to turning up at the house?