Hi We have an interim charging order on our house with the hearing for the final order a week after hubby will be made bankrupt. This debt will be included on bankruptcy papers - how likely is the judge to make the charging order when hubby will be bankrupt before the hearing, remembering fairness to all creditors?
that explains why hubby is declaring Br without sorting out the car.
The interim charging order is just that - interim, and does not constitute a final charge over the property.
The matter has been tested in the High Court at appeal and Bankruptcy overides and further Final charging order even if there is an interim order in place.
Therefore I would suggest you advise the solicitors after hubby comes out of court. Don't do it before hand incase they try to move up their appointment.
Paul Johns Assisted Bankruptcy Specialists Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK www.revivauk.com
that explains why hubby is declaring Br without sorting out the car.
The interim charging order is just that - interim, and does not constitute a final charge over the property.
The matter has been tested in the High Court at appeal and Bankruptcy overides and further Final charging order even if there is an interim order in place.
Therefore I would suggest you advise the solicitors after hubby comes out of court. Don't do it before hand incase they try to move up their appointment.
Paul Johns Assisted Bankruptcy Specialists Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK www.revivauk.com Ok Paul thanks for that
just a quick update and query. Hubby went BR on 2/12/08 and advised court by letter for the charging order hearing along with bankruptcy ref number etc as unable to attend. Have just had letter today saying charging order hearing has been adjourned till Feb, no details why the adjournment, am a bit mystified as I thought the BR would override charging order and the creditor would be included in BRO along with all others? Dont even know how to proceed in Feb as dont know why it was adjourned.
the unsecured debt is definately included HOWEVER you should still go to the charging order hearing to make sure the creditor doesn't try to sneak one in.
they are a pain to get removed as nobody seems to be bothered AFTER the event.
Paul Johns Assisted Bankruptcy Specialists Reviva UK
Hi there think you have misunderstood me. BRO 2/12/08, charging order hearing 9/12/2008, as advised by you a couple of weeks ago I expected the claim to be dismissed but it has instead been adjourned despite a bankruptcy order being made a week before charging order hearing. I'm now wondering on what grounds it has been adjourned on as I thought now there was no case to deal with
charging order
Posted - 30 November 2008 : 14:21:32
