Crichtons Company Restorations

Bankruptcy Adjournments

When a bankruptcy petition has been received, adjournment of the bankruptcy hearing can be requested for almost any reason and can be granted either with or without the consent of the petitioning creditor.

If a debtor asks that the petition be adjourned to raise funds for payment of the debt (or in HMRC cases to submit accounts or returns), the court will usually grant at least one adjournment. It is the court which grants an adjournment, not the creditor.

Professionally made applications to the court ensure that the correct documents are prepared on your behalf and served on all the relevant parties at the appropriate time, allowing you to concentrate on dealing with the debt.

In our experience we find that for many cases an Individual Voluntary Arrangement (IVA) is a more suitable solution to their debt problems because it can help them avoid bankruptcy. In such cases we can enable you to take advice from a Licensed Insolvency Practitioner.

Bankruptcy Annulments

A bankruptcy annulment is a formal application to annul a bankruptcy order made to the court at which an individual was made bankrupt.

Bankruptcy orders can be reversed (annulled) if you meet the following criteria:

1. The bankruptcy order should not have been made in the first instance. e.g. the proper steps to obtain the order were not followed.

2. All the bankruptcy debts and the fees and expenses of the bankruptcy proceedings have been either paid in full or guaranteed to the satisfaction of the court.

3. You have reached an agreement by IVA with your creditors to repay all or part of your debts.

An annulment has the effect in law that the bankruptcy order was never made. You will revert to your pre-bankruptcy status. Disposals of your property by the Official Receiver and the trustee will remain valid and will not be reversed. Any other assets will be returned. You will be liable for any of your debts that have not been paid in the bankruptcy.

We are happy to refer you to solicitors for this service.

Bankruptcy Discharge

Discharge normally takes place twelve months after bankruptcy was declared.

Where a bankrupt obtains an automatic discharge by expiration of time, no order of discharge is made by the court. If evidence of discharge is requested by a former bankrupt this is normally provided in the form of a simple letter confirming the date of discharge according to the Official Receivers’ records.

If the standard letter is insufficient for the former bankrupt’s requirements they may apply to the court for the issue of a Certificate of Discharge which will indicate the date from which the discharge is effective.

The Official Receiver does not send any form of notice to credit reference agencies about discharge of bankruptcy. Some bank and other companies may still require a bankruptcy discharge certificate for finance related services.

Should you require a Certificate of Discharge to prove that you have been discharged from bankruptcy we can apply on your behalf to the court for a Certificate of Discharge.

For a bankruptcy discharge we can refer you to solicitors.

Crichtons, Ilford and London specialising in company restoration,corporate insolvency defence and commercial dispute solutions

Company Restoration