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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8820
Experience:  Dual qualified Solicitor and Attorney
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Who appoints an official receiver? Where am I or in law ??

This answer was rated:

Who appoints an official receiver ?
JA: Where is this? It matters because laws vary by location.
Customer: Where am I or in law ??
JA: What steps have you taken so far?
Customer: None, this is to gain general information about how bankruptcy works with regard to using OR or Trustees's when someone has applied for bankruptcy ?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not at the moment thank you
Customer: replied 1 year ago.
i'm happy to do this over the phone?
Customer: replied 1 year ago.
This is relating to an outstanding debt owed for a personal injury claim where the debtor claimed bankruptcy but it was possible the people used as OR might not have be legit or worked in favour of the debtor

The Official Receiver is appointed by the court and they have to act in the interests of creditors and justify their actions to the court. 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.

Customer: replied 1 year ago.
What if it was the debtor who applied for bankruptcy in order not to pay a certain debt (in this case compensation for a personal injury), What sort of checks would an OR make. As in this case the first the plaintiff knows about the bankruptcy is when the debtor sends a successful bankruptcy order?
Customer: replied 1 year ago.
what checks would an official receiver do IF the person with debt applies for bankruptcy ??

Well bankruptcy can be applied for when there is not sufficient assets to pay debts. The OR will check any assets and try to collect them in to pay the debts. They can also check any recent transfers of assets before the bankruptcy to see if there was any illegitimate transfers to protect the bankrupts assets from the bankruptcy. 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 Law Specialists are ready to help you
Customer: replied 1 year ago.
What resources are available to OR's to ascertain what assets the debtor has, or do they rely on information given by the debtor? As in this case the debtor transferred their share of a property to their husband 7 months prior to the bankruptcy order.
Customer: replied 1 year ago.
Are you still there

Hi thank you for your message, they use credit reports, bank information, hmrc information, company information, land registry information, information from the debtor and any court documents and information.

Customer: replied 1 year ago.
there is scope for things to be overlooked i.e. with court documents - would they approach the general court/justice system to find if there are any Judgements against the debtor or rely on the debtor to show them any judgements served on them. as in this case various legal documents/summonses were issued with no response even after they filed for bankruptcy.

They might do yes, they are experts at this.

Customer: replied 1 year ago.
Not quite sure about your answer? They might do (approach the general Court/Justice System) or rely on the debtor to provide information? As the decree judgement in this case was awarded in the high courts of Northern Ireland and registered for enforcement in the Queen's Bench Division in London.

They would check official papers and systems, as I say they are experts in this therefore it is not possible for me to give you an exhaustive breakdown of exactly how they operate.

Customer: replied 1 year ago.
OK. you have helped some what and i think i need to do a bit more research, i do intend to pursue this debt again but this time i would like to be a bit more ready as i believe this person with try the bankruptcy route again, Just one thing what would I need to start a company that dealt with bankruptcy, i.e. any formal documentation, qualifying criteria. Or could I just register with Companies House and put myself on the court list of registered Official Receivers?

Hi thank you for your message, I believe it would be quite a detailed process to become an official receiver but again I am not an expert on that.

Customer: replied 1 year ago.
OK thank you for your assistance today which as been some what helpful Many Thanks

Glad I could help, take care.