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Can someone make you bankrupt witout the agreement of all the creditors??

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  • #1

    Can someone make you bankrupt witout the agreement of all the creditors??

    I'm having problems with HMRC, they have got a CCJ against my wife, now I assume that if I can't come to agreement with them ( hopefully I can get them sorted out)they will then try for bankruptcy.

    My question is out of all my wifes creditors , HMRC as no where near the largest so if the rest don't agree to the order what happens then, or is it a case of HMRC get to have their way no matter what?????
    Tags: advice, bankrupt, bankruptcy, business, capital, ccj, court, creditors, debt, debts, fun, funds, hmrc, hsbc, insolvent, lenders, liabilities, mat, money, order, pay, pensions, people, petition, problems, property, security, wife
  • #2
    Re: Can someone make you bankrupt witout the agreement of all the creditors??

    What the other creditors think is irrelevant.

    All the court/judge will base their decision on is whether the debt to HMRC is due and no significant dispute over it, and whether the debtor is insolvent.

    Possible that you might be able to get an adjournment if there is reasonable prospect of you raising the funds or to offer security, but otherwise it would be likely the BR would be granted.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Re: Can someone make you bankrupt witout the agreement of all the creditors??

      Interesting so if they did get a bankruptcy order does that mean in effect then all her debts would become due , even if it was to the detriment to other lenders???

      Doesn't seem fair so how.

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      • #4
        Re: Can someone make you bankrupt witout the agreement of all the creditors??

        Did you expect it to be fair? If she is insolvent, she could petition for her own BR. Same result.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Can someone make you bankrupt without the agreement of all the creditors??

          Originally posted by rizzle View Post
          Did you expect it to be fair? If she is insolvent, she could petition for her own BR. Same result.
          Well if you look at a asset and liabilities staement , she is not insolvent. The problem is alot of her money is tied up in business property and pensions, which either can't be touched yet or can't be sold with the other partners getting very peed off, also we can't capital raise because she now has the CCJ!!!!

          It's all such fun

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          • #6
            Re: Can someone make you bankrupt witout the agreement of all the creditors??

            Well, the definition of insolvent the court is interested in on a creditors petition is "not being able to pay your debts as they fall due".

            The HMRC one is due, and she can't pay it.

            Is there any asset she could offer some sort of voluntary charge against? If push came to shove, that might prevent or at least make the court less inclined to grant a BR?
            Last edited by Riz; 23 January 2013, 13:04.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: Can someone make you bankrupt witout the agreement of all the creditors??

              Oh, and I've heard that these people are helpful to talk to.

              Problems paying your tax? TaxAid
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #8
                Re: Can someone make you bankrupt witout the agreement of all the creditors??

                Well lets just hope I can come up with something to keep HMRC happy, otherwise I think we should just sell up and get out of the UK!!!!

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                • #9
                  Re: Can someone make you bankrupt witout the agreement of all the creditors??

                  Originally posted by mgfboy View Post
                  Well lets just hope I can come up with something to keep HMRC happy, otherwise I think we should just sell up and get out of the UK!!!!
                  See mate the bastards stitched up Rangers too - you're not alone. Ring my mate Charles Green and try and get him on board...

                  He hates HMRC too
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                  • #10
                    Re: Can someone make you bankrupt witout the agreement of all the creditors??

                    Originally posted by rizzle View Post
                    Oh, and I've heard that these people are helpful to talk to.

                    Problems paying your tax? TaxAid
                    They artn't bad, but she earns to much and to be fair we have had advice, it's all my fault if I hadn't got stitched up in a business deal 5 years ago and fell out with HSBC none of this would be happening, it makes me feel really guility that I have fucked up and that I should have know better

                    I'm the classic case of do as I say and not as I do!!!!!!

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