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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10595
Experience:  Barrister 17 years experience
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I am trying to figure out how to remove a bankruptcy notice

Customer Question

I am trying to figure out how to remove a bankruptcy notice from my property following a discharge in my bankruptcy in 2011. Apparently I need a court order and do not know how to do this.
JA: Thanks. Can you give me any more details about your issue?
Customer: I have a bankruptcy notice and restriction on my property at Land Registry and have been told I need to send LR a court/dismissal order or annulment to remove it. My case dates back to 2009 and have been discharged since 2010. June 2015 signalled the end of the bankruptcy and the property has aready been transferred back to me from the Official Receiver. Do you know how I can get the court order required?
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Submitted: 1 year ago.
Category: UK Property Law
Expert:  Buachaill replied 1 year ago.

1. Essentially what you need here is a vesting order vesting the property back in you under the Insolvency Act, 1986. A court application is required in order to effect this process. This vesting order vests the property, which was assigned to the Official Receiver by the bankruptcy notice back in you, after the process of bankruptcy has been completed. I would advise you to get yourself a solicitor to effect the vesting order for you. Alternatively,if you want to do it yourself, I would suggest you get sample papers from an Insolvency Practitioner and make the application yourself based on copying these vesting order papers. The process will take about six weeks and the assent of the Official Receiver to the property re-vesting in you will be required. You will have to serve a copy of the papers on the Official Receiver.

Expert:  Buachaill replied 1 year ago.

2. Upon the making of the vesting order, the property will then be yours and you can then do what you want with it. This will also be good for registration of the property in the Land Registry and the removal of any notices made against the property in the Land Registry.

Expert:  Buachaill replied 1 year ago.

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