| T O P I C R E V I E W |
| madeve |
Posted - 17 March 2009 : 18:23:48
Hi,
Can you tell me if council tax arrears can be included in the bankruptcy?
And also money owed to the inland revenue (overpaid tax credits)
Thanks |
| 10 L A T E S T R E P L I E S (Newest First) |
| Skippy |
Posted - 19 March 2009 : 20:48:14
As Paul says not all debts are written off which is why it's so important to take professional advice before making your decision.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
21 IPA payments made, 15 to go - on the home straight! |
| Reviva UK |
Posted - 19 March 2009 : 18:20:56
Hi YNWA
not all debts are written in bankruptcy so it is always good to understand the consequences before one leaps
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
| YNWA |
Posted - 19 March 2009 : 17:42:39
I would have thought if someone is declared bankrupt then all debts up until that date would be included, thus giving the ability to give a two figured salute to mr bailiff. I would speak to the OR when you are at the court about this. |
| Suzanne |
Posted - 18 March 2009 : 14:12:31
Hi zoe
I agree with you on this one. See the following which is an extract from the OR technical manual
The local authority must give 14 days notice of the bailiff attending. The bailiff can only seize the goods of the person(s) assessed to pay council tax, including property vested in the trustee. Goods which are situated in a dwelling house and are reasonably required for the domestic needs of the debtor and his family cannot be seized when distraining for unpaid council tax. Rented or hired goods and utility fittings are also exempt from distraint for unpaid council tax.
The bankrupt can refuse access to the property and a bailiff distraining for unpaid council tax cannot use force to gain initial entry to a property. However, walking through an unlocked door or climbing in through a window without causing damage is considered to be a peaceful means of entry. A bailiff who has previously been allowed entry to the premises can force entry, to recover goods which have previously been seized by walking possession (see paragraph 9.17).
If goods are removed, or impounded, they must be held for a minimum of 5 days before sale to allow the bankrupt to settle the debt. If a levy of distress is completed by the sale of property but does not recover sufficient funds to discharge the debt under the liability order the local authority, before the bankrupt’s discharge, can levy a second or subsequent distress. A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
|
| zoe |
Posted - 18 March 2009 : 13:47:36
Sorry to disagree Paul but if a walking possession has been signed then the bailiff can remove goods regardless of the BR order
Please see this thread
http://www.bankruptcyhelp.org.uk/forum/topic.asp?TOPIC_ID=2660
Hope this helps |
| Reviva UK |
Posted - 17 March 2009 : 20:13:35
If they are for the last financial year then they are 100% included.
Just make sure you leave the court with your Br order ( some courts actually post these on later which will be a serious problem ) then don't wait for the bailiff to attend instead contact them ( their details are on the warrant of execution) and let them have the Br details.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
| madeve |
Posted - 17 March 2009 : 20:09:54
Hi thanks for getting back,
they are for the last financial year, also can you give any advice on the bailiff situation? |
| Reviva UK |
Posted - 17 March 2009 : 19:58:17
Hi
are the council tax arrears for this financial year or for previous years?
Some councils are adament that this years service cannot be included in Br - some OR's seem unsure as well.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
| madeve |
Posted - 17 March 2009 : 18:56:13
Thanks,
What do you think of this predicament, we have just had a visit from a bailiff who, following a walking posession order, plans to force entry and remove goods on Friday for council tax arrears. However we are petitioning for BR on Thursday! We cannot beleive this has happened at this week, had enough to worry about. What can they do if by Friday we are bankrupt and therefore the debt is no longer 'owned' by this bailiff?
Any help appreciated.
Thanks |
| John |
Posted - 17 March 2009 : 18:46:26
Hi
yes both of these can be included in bankruptcy.
John White
England Jackman & Spacey |
