Give evidence to bankruptcy petition?

[Concerned]

Is it possible to send evidence to a bankruptcy petition if so who would I contact?

I have kept an eye on someone who owes me a lot of money and now he is showing on Caseboard as having a bankruptcy petition filed against him by the Government this week, so I realise I will now receive nothing. It only gives a case number, nothing else i.e. location of hearing or who is handling it.

I'm aware of some expensive cars he owns plus some other factors. When I reg check the cars new V5's were issued months ago so he has obviously moved them out of his name.

Some of you may hate me for this but I want to make absolutely sure they don't miss anything.

Please advise who I could contact,

 

[Lisa Thomas]

At the bankruptcy hearing a civil servant, known as the official receiver, will likely be appointed as his Trustee in Bankruptcy.

You should contact them to register your claim as a creditor in his estate (there may be a dividend so this is essential for you to potentially get some money back), and pass on the information you have as regards his assets etc.

Have a look here for their contact details:

Contact information

www.gov.uk

 

[Gyumri]

I'm aware of some expensive cars he owns plus some other factors. When I reg check the cars new V5's were issued months ago so he has obviously moved them out of his name.

Perhaps you should write to your debtor to point out that the transfer won't help him as it can easily be reversed by his trustee in bankruptcy s. 339 of the Insolvency Act comes to mind.

Also you may have a right to appoint your own trustee in bankruptcy depending on the value of your claim to sue him for every penny he owes although in that case you will be suing on behalf of all his creditors.

This is one of those cases where a discussion with one of the IPs on this forum would be well worthwhile.

 

[Lisa Thomas]

Perhaps you should write to your debtor to point out that the transfer won't help him as it can easily be reversed by his trustee in bankruptcy s. 339 of the Insolvency Act comes to mind.

Also you may have a right to appoint your own trustee in bankruptcy depending on the value of your claim to sue him for every penny he owes although in that case you will be suing on behalf of all his creditors.

This is one of those cases where a discussion with one of the IPs on this forum would be well worthwhile.

FYI the creditor would not sue the debtor. The Trustee would be the person to take any relevant action to recover assets.

 

[Concerned]

thanks for you advice, what I'd really like to do is contact someone preparing the case now, who would that be?

 

[Lisa Thomas]

What do you mean by preparing, please?

There will likely be solicitors acting for the petitioning creditor. I guess if you know who they ae you could contact them, because as a creditor you are entitled to piggy back on their petition, if it's withdrawn.

Otherwise I guess it would be the Official Receiver.

 

[Concerned]

This is all it says Lisa:

Petitioner​

1.	HMRC	Solicitor to HMRC

So difficult to find out who I can contact, the solicitor that is dealing with it.

 

[Michael Loveridge]

The solicitor will probably be an in-house solicitor at HMRC. However, there's no point contacting them, as they won't have the slightest interest in what you have to say. You will need to wait until after the bankruptcy hearing has taken place.

Assuming the debtor is actually made bankrupt the OR will initially be appointed to deal with the bankrupt's affairs. However, if he has any significant assets the case will be transferred to a private insolvency practitioner, who will be appointed his trustee in bankruptcy. It's that trustee that you need to approach with your information.

 

[Lisa Thomas]

The OR doesn't dish out cases if assets are significant anymore. They do everything in house nowadays. They only farm out cases on the rota where it's contentious, or they are about to miss a statutory deadline.

Alternatively creditors van try to vote their own choice of IP through depending on the size of their debt, but if HMRC is the largest creditor here, their newish policy is that the IP has to convince HMRC why they can do a better job than the OR.

 

[Lisa Thomas]

This is all it says Lisa:

Petitioner​

1.	HMRC	Solicitor to HMRC

So difficult to find out who I can contact, the solicitor that is dealing with it.

According to Google:

You can contact HMRC's solicitors by calling 03000586321.