I am bankrupt and resigned as director but cannot close limited company

[Baz1966]

Hi,

I was made bankrupt in March I then resigned as a dictator. And tried to close my limited company but a creditor objected.
I don't owe any taxes

All it says on companies house is the strike off is suspended. Obviously I don't have any money to pay off the creditor. I don't have any business assets or money.

What will happen or process as it's nearly 4 months now and at stalemate. I have told the tax office I ceased trading.

Stuck in limbo

 

[Elliot Green]

It is likely that the creditor will either put the company into liquidation or more likely that Companies House will strike off the company in a few months time.

 

[Baz1966]

Ok thank you for the information

 

[Baz1966]

If the creditor does go to liquidation am I right in thinking it becomes a personal debt and as the debt was there before I was made bankrupt it would be included in my bankrupty?

 

[Elliot Green]

No the company creditor is a creditor of the company and cannot usually also be a creditor of your company save if you gave them a personal guarantee.

 

[Baz1966]

Sorry she applied to give me ccj ( personally) judge rejected that. I ceased trading and resigned as the only director and I wrote to company's house to close my business. Which was going ahead but the lady objected to me closing the business so the striking off is on hold?

Just worried what will happen next as 4 months later still in limbo

 

[Newchodge]

You resigned as a director. You have no right to do anything with regard to the company because you are NO LONGER A DIRECTOR. Who do you think you are to try to close a limited company of which you are not a director. Let them get on with it and ignore them - it s nothing to do with you.

 

[Baz1966]

You resigned as a director. You have no right to do anything with regard to the company because you are NO LONGER A DIRECTOR. Who do you think you are to try to close a limited company of which you are not a director. Let them get on with it and ignore them - it s nothing to do with you.

So as there is no other director it will just get struck off?

 

[WaveJumper]

As mentioned above did you give any personal guarantees

 

[Baz1966]

---

As mentioned above did you give any personal guarantees

No

 

[Lisa Thomas]

Based on what you have said, you have nothing to worry about.

The company debts will die on it's dissolution, which will take place at some point.

Your unsecured personal debts should be included in your bankruptcy, assuming you have no excluded debts, like student loans etc which survive Bankruptcy.

 

[2020Lawyer2020]

Check the articles of association about if the one director can resign leaving no directors and see this - https://gateleyplc.com/insight/quick-reads/can-a-company-have-no-directors/

However I agree with the above that it seems unlikely the corporate debt will attach the bankrupt ex director. If there is a lot of money at stake speak to a solicitor.

 

[Baz1966]

So slight update

Company's house have said they are going to forcefully strike off the limited company
I resigned in March and made myself bankrupt there is no other director and ceased trading in March .

So what happens if the creditor appeals the strike off company is in limbo not trading no assets or money ?

 

[Scalloway]

Companies House may delay strike off if somebody objects but unless the creditor takes action to appoint a liquidator the compamy will be struck off eventually.

 

[Baz1966]

Companies House may delay strike off if somebody objects but unless the creditor takes action to appoint a liquidator the compamy will be struck off eventually.

Brilliant thank you

 

[Baz1966]

Just found out the company is now dissolved and on 11 October Final Gazette dissolved via voluntary strike-off If she stops that how long has she got to try to appoint a liquidator?

 

[Baz1966]

Sorry double post

 

[Baz1966]

Phoned company's house this morning and the company is officially closed she cannot appeal as past her appeal date. All good news