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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 5815
Experience:  Dual qualified Solicitor and Attorney
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I need advice on being made bankrupt, Northern Ireland, the

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Good evening. I need advice on being made bankrupt
JA: Where are you? It matters because laws vary by location.
Customer: Northern Ireland
JA: What steps have you taken so far?
Customer: the order to make me bankrupt was made today but it should never have been made against me
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi thank you for your message, what is your query please?

Customer: replied 6 months ago.
I am looking to know what way I can appeal this decision as the money owed was from a Ltd company ... not me personally
Customer: replied 6 months ago.
LPS put me in a a sole trader and used my name for sending out rates bills ... I didn't realise this was the case as I believed I was acting on behalf of the company

Hi thank you for your message. To apply for an annulment because you think the bankruptcy order shouldn't have been made, you should follow this process:

- complete an Insolvency Act application form (IAA) - you can find the IAA form here: https://www.gov.uk/government/publications/apply-to-the-court-about-an-insolvency-issue-form-iaa

  • make a written witness statement, saying why the bankruptcy order should not have been made
  • return the application form and witness statement to the court, which will then set a date for a hearing
  • notify the official receiver or bankruptcy trustee of the hearing and send them a copy of your application and witness statement
  • attend the court hearing

You'll need to pay an application fee but, depending on your circumstances, you may be able to get this waived or reduced. Ask the court.

Even if the bankruptcy is cancelled, you may still have to pay for the costs of the bankruptcy order and the annulment hearing. The court will decide who should pay these costs when it hears the case.

If your bankruptcy order is cancelled because it shouldn't have been made, any bankruptcy restrictions orders or bankruptcy restrictions undertakings that have been made against you will also be cancelled.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 months ago.
Many thanks. I will look into this tomorrow. If I need more assistance I will contact you again.