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insolvency/ annulmnet

insolvency/ annulmnet

Postby preacherman » Wed Jul 16, 2014 4:18 pm

could anyone advise the scenario, or what would happen if a bankrupt sought annulment, but the petitioning creditor refused to answer the question 'how much do we owe you please'.?

so the bankrupt turns up at court, informs the Judge that we tried to get a response from the petitioning creditor but he will not respond.

what order could the court make.would the court go by the amount of petitioning debt? not allow annulment?
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Re: insolvency/ annulmnet

Postby atticus » Wed Jul 16, 2014 4:42 pm

You need to look at Rule 6.207 of the Insolvency Rules 1986.

The Official Receiver or Trustee in Bankruptcy must file a report including a summary of the bankrupt's assets and debts.

If a petitioning creditor does not provide information that is requested, I would expect that in most cases the OR or Trustee would use the figure stated in the petition.

In your case, the petition debt was an unpaid costs order, I think.
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Re: insolvency/ annulmnet

Postby preacherman » Wed Jul 16, 2014 6:02 pm

atticus wrote:You need to look at Rule 6.207 of the Insolvency Rules 1986.

The Official Receiver or Trustee in Bankruptcy must file a report including a summary of the bankrupt's assets and debts.

If a petitioning creditor does not provide information that is requested, I would expect that in most cases the OR or Trustee would use the figure stated in the petition.

In your case, the petition debt was an unpaid costs order, I think.


thanks atticus thats basically what i thought.do you know if i would be correct in that all court costs are discretionary?
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Re: insolvency/ annulmnet

Postby atticus » Wed Jul 16, 2014 6:32 pm

I do.

Whether to award costs is in the discretion of the judge. Once ordered and assessed, costs are payable and can found a bankruptcy petition if not paid.
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Re: insolvency/ annulmnet

Postby preacherman » Thu Jul 17, 2014 8:06 pm

thanks again. just working on an argument. one thing i have noticed, and don't understand is how the judge seem to have addressed capero. point 3] its known actually or inferentially that the statement will be acted upon without independent enquiry.

this has nothing to do with 'anticipation' or expectation has it? i.e it was reasonable to expect that the defendant would anticipate a check?. I am right i think, in that its not about anticipation, or expectation, but if you knew, by inference or actually, [you were made fully aware], that the information you provide would be relied on without independent enquiry?. so the correct question would be -was it known actually, or inferentially, that no check would take place by another before statement is relied on. please confirm unequivocal acceptance does not mean you anticipate a check, or even if it did, its not the test, but whether you knew it would be relied on without further enquiry.
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