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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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My sister (Panna) and her husband (Bob) own their family

Customer Question

My sister (Panna) and her husband (Bob) own their family home. He unfortunately was made bankrupt in 2014 as his business went under. He has now been fully discharged and he wishes to now apply for an annulment of his bankrupcy as he has paid his dues to the Trustees in relation to the property he owns through a settlement and now needs to sell his share of the property to his wife through a transfer of equity and remortgage as they are separating. His Trustees in the bankrupcy have fully released the property and it is longer part of the bankrupcy estate, they have no further legal or financial interest in it and the property has been fully returned to him. They have signed a Releae Deed to this effect. Is this evidence sufficient to get an annulment of the bankrupcy from the court so that his name can be removed from Land Charges bankrupcy register as a search will be done prior to completion and his name needs to be removed from the land charges register first but to do so he require an 'annulment' certificate from the court on the grounds that he has settled with the trustees on the property and has been released back to him fully - is that enough evidence/ grounds to give a full annulment?
If not do you think the lenders' legal advisors will accept that he may not be fully annulled but the property in question is fully freed and settled upon and he is legally entitled to sell it and therefore proceed to completion. Note that he is the outgoing party and will not be on the new mortgage.
Thank you for any advice you can give.
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.


Thanks for your question.

I will research this and respond shortly.