UK Bankruptcy Law

UK bankruptcy law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I have being made bankrupt as of Feb 2017. I haven't lived…

I have being made bankrupt...
I have being made bankrupt as of Feb 2017. I haven't lived in the uk for a long time though. The official receiver asked to have me publicly examined in court in London next Thursday. I now live in Canada and have done for a while. I have explained to the OR that I left the uk with absolutely nothing, only left debt behind me. He has being relentless in trying to get information off me however and has said that if I don't co operate with him he will suspend my bankruptcy indefinitely. Even maybe issue a warrant for my arrest. I would rather that didn't happen, incase one day I would consider returning to uk. The thing is I don't have all the info he wants. I left everything when I moved from London.i have no records of bank accounts held or anything like that. The debt I was being made bankrupt for was £20000 off hmrc. Would it be common to suspend peoples bankruptcy indefinitely for failing to co operate with the OR? And also what should I do since there is no way I can attend the hearing?
Show More
Show Less
Ask Your Own UK Bankruptcy Law Question
Answered in 20 hours by:
6/13/2017
Buachaill
Buachaill, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 11,204
Experience: Barrister 17 years experience
Verified

1. I regret to say that it is possible for a bankruptcy to be suspended indefinitely, if a person does not co-operate with the Official receiver. Effectively, my legal advice would be not to thumb your nose at the hearing if you want to go back to the UK. Be aware that you cannot get hung for no longer having records. So, if you turn up and make clear you don't have the records any longer, then the bankruptcy proceedings will proceed on the basis of what is available. Additionally, if you cannot attend this hearing, you should suggest a date on which you will be available to attend the hearing. Make clear you are willing to co-operate, if at all possible. My advice would be to seek to be adjudicated bankrupt and have your debts expunged, including that owed to HMRC. Get the benefit of the laws on bankruptcy so that in future you don't have this hanging over you. As you are now in Canada, the impact upon you will be minimal. However, the last thing you need is some bankruptcy hearing hanging over you like the "Sword of Damocles" which you never get shot of. A lot depends upon your perceived attitude. If you appear to be forthcoming, then you will have all the money owing written off. So aim to have your bankruptcy dealt with.

Ask Your Own UK Bankruptcy Law Question

2. Please accept or rate the answer as unless you do so your expert will not receive payment from the website for answering your question.

Ask Your Own UK Bankruptcy Law Question
Customer reply replied 1 year ago
Ok thanks for the good response. I am trying to get some of the info needed for the official receive so I can put it in the booklet he wants me to fill out. The problem is the hearing is on the 22nd of June. And he wants the booklet back before then and also a telephone interview before then too. I know I should have just dealt with him before but I was badly advised by my accountant. His opinion was that they made you bankrupt so it was their problem. If I had known that it would lead to this then I would have co operated more. What do you suggest i should do as of now? What should I say to official receiver to try to get him to see that I'm trying to co operate?
Customer reply replied 1 year ago
Surely if I give him an idea of how bad my finances were when I left the U.K. he would understand that I'm not trying to hide funds or assets or anything like that? What happens to any loans i had outstanding? And other bad debt

3. I would seek to have the phone interview with the trustee in bankruptcy. Tell him your situation and that you are willing to co-operate. Make and maintain contact with the trustee in bankruptcy. He will simply adjourn the date if he feels progress is being made. I regret to say the attitude of your accountant left something to be desired. Finally, any loans outstanding will get written off in your bankruptcy as well. So, be sure to declare these to your trustee in bankruptcy so you get a good discharge from these as well as the debts owed to HMRC.

Ask Your Own UK Bankruptcy Law Question
Customer reply replied 1 year ago
Ok thanks. Just another thing, I left the uk in Feb 2016, moved home to Ireland. Should I have to provide info on what I was doing in Ireland to the official reveiver or any income I may have made before I became officially bankrupt in Feb this year? Also do I need to provide info on old employers etc?

4. You won't have to provide information on Ireland unless it is relevant to your current financial situation. Your bankruptcy only relates to now. Not to past employers. I would advise you to get a different accountant or an English solicitor to help you with these questions. Most of them are pretty basis but you should get professional advise in order that you know what you are doing.

Buachaill
Buachaill, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 11,204
Experience: Barrister 17 years experience
Verified
Buachaill and 87 other UK Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Ok thanks for your help
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Buachaill Your Own Question
Buachaill
Buachaill
Buachaill, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 11,204
11,204 Satisfied Customers
Experience: Barrister 17 years experience

Buachaill is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Max Lowry

Max Lowry

Advocate

69 satisfied customers

LLB, 10 years post qualification experience

Alex J.

Alex J.

Solicitor

62 satisfied customers

2 Years Insolvency Litigation

Buachaill

Buachaill

Barrister

11,204 satisfied customers

Barrister 17 years experience

John Knox

John Knox

Solicitor

12 satisfied customers

solicitor with 8 years experience

James Mather

James Mather

78 satisfied customers

Senior Partner at Berkson Wallace

Joshua

Joshua

Lawyer

63 satisfied customers

LL.B (Hons), Higher Prof. Dip. Law & Practice

F E SMITH

F E SMITH

Solicitor

33 satisfied customers

Ll.b Hons and 30 years qualified

< Previous | Next >

Related UK Bankruptcy Law Questions
After some advice. I know someone who is a taxi driver, 20
Hi, after some advice. I know someone who is a taxi driver, 20 years, never declared any income ever. If he went bankrupt would that wipe out any taxes he owes? … read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
4 satisfied customers
I have recently had to close my business I am a sole trader
I have recently had to close my business I am a sole trader ... I have debts up to 22K ..some are owning to the VAT and Inland revenue can allocate these on one debt for bankruptcy ? Not really a rout… read more
Alex J.
Alex J.
Solicitor
LLB
62 satisfied customers
Hi, My cousin has been hit with a massive VAT bill, can she
Hi, My cousin has been hit with a massive VAT bill, can she sign over her house and belongings to her husband and declare herself bankrupt ?… read more
Alex J.
Alex J.
Solicitor
LLB
62 satisfied customers
I am director of a small company which is fine, no profit but
I am director of a small company which is fine, no profit but gives me a wage and no debt, but have just had a £50K demand from hmrc for capital gains tax from when I had t0 sell several houses becaus… read more
Alex J.
Alex J.
Solicitor
LLB
62 satisfied customers
how long do you have to remain in the UK after obtaining a
how long do you have to remain in the UK after obtaining a declaration of bankruptcy? I see that that in the Insolvency manual 43.0.10 it states "Additionally, where the official receiver considers th… read more
Max Lowry
Max Lowry
Advocate
Bachelor
69 satisfied customers
I believe I, as a sole person, need to declare myself insolvent
I believe I, as a sole person, need to declare myself insolvent or bankrupt as I have debts I cannot pay in the UK. I am now living in Australia. What steps do I need to take to do this? Thanks.… read more
Max Lowry
Max Lowry
Advocate
Bachelor
69 satisfied customers
HelloBankruptcy and Tax Credit PaymentsAlthough I have
Hello Bankruptcy and Tax Credit Payments Although I have a few questions to ask, my main issue at the moment is to get your advice on TaxCredit payments. To give a brief summary of circumstances, we h… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
Hello. Please help with advise. I live in England. My situation
Hello. Please help with advise. I live in England. My situation is such, that 5 years ago i took a loan for 15000 pounds from a UK bank. I used that money to invest into a property abroad which turned… read more
Daniel Smith
Daniel Smith
Bachelor's Degree
3,777 satisfied customers
I am a single parent of 6 children. Due to circumstances I
I am a single parent of 6 children. Due to circumstances I had to declare myself bankrupt. I did try to make arrangements to pay the debt off but the people I owed the money too were not happy with th… read more
James Mather
James Mather
78 satisfied customers
My husband left the UK in 2008 and relocated to (ROI) Ireland.
My husband left the UK in 2008 and relocated to (ROI) Ireland. He left behind some credit card debt to various creditors, one being the Royal Bank of Scotland (credit card). He was unable to file for … read more
Buachaill
Buachaill
Barrister
Master's Degree
11,204 satisfied customers
I run a uk company i have a tax bill that the company just
I run a uk company i have a tax bill that the company just cant pay the company had cash in the bank but unfortunately i just drew it out bit by bit and blew it all. the company has no assets and i ow… read more
Alex J.
Alex J.
Solicitor
LLB
62 satisfied customers
I have a debt of £2000 with a company which I have made an
I have a debt of £2000 with a company which I have made an offer to settle over a period. They insist it is paid immediately. My circumstances are such - I live abroad with only a P.O. Box address in … read more
cityguru
cityguru
Bachelor\u0027s Degree
44 satisfied customers
I with my son are in a partnership and may have to go bankrupt
I with my son are in a partnership and may have to go bankrupt but whsh to continue the buisness how can we do this If we had a seperate LTD co can we still be involved & how… read more
John Knox
John Knox
Solicitor
Post-graduate diploma in law
12 satisfied customers
im going to the high court in london on the 12/10/11 for a
im going to the high court in london on the 12/10/11 for a bankruptcy hearing. will i be able to argue my case and given time to speak. i have been petitioned by the hmrc… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
how can i protect the property that my separated wife and 2
how can i protect the property that my separated wife and 2 children live in which i have a half share in but have never lived in?… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
63 satisfied customers
Fathers death after bankruptcy. Hello my Dad past away and
Fathers death after bankruptcy. Hello my Dad past away and left no will, our mother is already dead, and me and my two sisters are trying to make me the administrator of his estate. Anyway, We got his… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
63 satisfied customers
Bankruptcy / Hi , Im 90 k in debt , business has dropped
Bankruptcy / ? Hi , Im 90 k in debt , business has dropped off a cliff , zero or negative equity ...currently on a debt repayment plan ......and considering bankrupcy , what would you advise , how inv… read more
Max Lowry
Max Lowry
Advocate
Bachelor
69 satisfied customers
i have been made bankrupt how long can they search back and
i have been made bankrupt how long can they search back and claim money ? i was give a order for 12 months but they keep extending how long will this go on for ?… read more
Max Lowry
Max Lowry
Advocate
Bachelor
69 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x