UK Bankruptcy Law

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i have been abroad for the past 8 months and just received…

i have been abroad for...
i have been abroad for the past 8 months and just received a bankruptcy petition when my mail was forwarded. i called the court and was told that the next hearing is on monday the 6th february. more importantly i was told that there is no order for substituted service on the file.

I understand that before a bankruptcy order can be made the petition has to be filed with an order for substituted service. does this mean that if i am unable to attend attend or send a rep the court cannot make a bankruptcy order.
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Answered in 14 minutes by:
2/2/2012
F E SMITH
F E SMITH, Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 10,817
Experience: Ll.b Hons and 30 years qualified
Verified
Good day,

I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.

Are you still abroad at the moment?
Ask Your Own UK Bankruptcy Law Question
Customer reply replied 6 years ago
yes i am
A bankruptcy petition can be presented whether the person is resident in the country or abroad at the time. I am not aware of a requirement to obtain an Order for substituted service. If you intend to dispute this or the proposed Order then you should send a representative on your behalf to the Court to attend.



If I have answered your question, please click on 'Accept' so that I can receive credit, thereafter I will happily deal with your follow up questions.
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Customer reply replied 6 years ago
your colleague D Smith yesterday agreed that where I have not been personaly served (and i havnt because i am abroad) then a bankruptcy order can only be made where the petition is supported by an order for substituted service. he suggested i call the court to check and they told me today that there is no order for substituted service on the file. i therefore presumed that the court could not therefore make an order for bankruptcy? is my analysis correct? can u recomend a local agent in london i can instruct from abroad?
I am sorry if you are feeling at crossed purposes. A petition can be issued at any time but it must be served personally and if it cannot then the applicant is required to obtain an Order for substituted service. The steps required to satisfy the Court that an Order should be made are set out in paragraph 11.4 of the practice statement / insolvency proceedings. The Order for substituted service needs to be placed on the Court file before the matter can proceed. I would point this out to the Court in an email as we are unable to personally recommend any legal representative. You may be able to contact one on your behalf in the London area by contacting the Law Society.



If I have answered your question, please click on 'Accept' so that I can receive credit, thereafter I will happily deal with your follow up questions.
F E SMITH
F E SMITH, Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 10,817
Experience: Ll.b Hons and 30 years qualified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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