Reform to bankruptcy removes court process for debtor petitions

[transformer999]

Re: Reform to bankruptcy removes court process for debtor petitions

May be a few questions answered below?.........

[Riz]

Re: Reform to bankruptcy removes court process for debtor petitions

That is just the MAT consultation response I think.

The actual government summery response is this.

Govt Response.doc

Response Statement placed in both Houses: 9 October 2012

INSOLVENCY PETITION REFORM

At the end of last year the Government consulted on proposals to reform court processes for entry into bankruptcy and compulsory winding up.

These built upon earlier proposals consulted on by the previous administration to reform the debtor bankruptcy petition process, that is where the indebted individual is petitioning for their own bankruptcy. The consultation also proposed to replace the courts in the order-making process in creditor petition bankruptcy and certain company winding up petitions with a new administrative process.

Responses to our consultation showed that there is still general support for reform of the debtor petition bankruptcy process. Many concerns were expressed, however, about the proposals for introducing an administrative regime to remove courts from the order-making process in creditor petition bankruptcy and company winding up proceedings.

Having considered the consultation responses, the Government has decided to take forward changes just to the process for dealing with debtor bankruptcy applications and has today included the measure as a proposed new clause in the Enterprise and Regulatory Reform Bill. Instead of applying to the court for a bankruptcy order, individuals will instead make a bankruptcy application to an Adjudicator, which would be a new office based within the Insolvency Service.

Taking courts out of the process of considering bankruptcy petitions presented by debtors will free up court resources to deal with matters which require judicial input and provide scope for the introduction of a modern, electronic application process.

JO SWINSON MP
Minister for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills

[Riz]

Re: Reform to bankruptcy removes court process for debtor petitions

Confirmed in that ^^^^^

I also read it like that, my comments were just about the ridiculously low threshold for forced BRs, there's nothing there that would indicate it will be easier for CREDITORS to FORCE BRs...

[transformer999]

Re: Reform to bankruptcy removes court process for debtor petitions

I was just wandering now that these new rules have been made will a faulty DN still be good to use as part of your defence if a claim is issued against you by the creditor?

Reason I ask is I know many receive letters from DCA's with threats of legal action and many of us file & ignore...but now should we be taking more serious note of these letters....and trying to resolve the debt problems before we get issued with a claim? as defending against getting a ccj is very hard unless you have a rock iron defence....and now since these new rules we will have to fight that much harder...don't you think?

[The Tech Clerk]

Re: Reform to bankruptcy removes court process for debtor petitions

I was just wandering now that these new rules have been made will a faulty DN still be good to use as part of your defence if a claim is issued against you by the creditor?

Reason I ask is I know many receive letters from DCA's with threats of legal action and many of us file & ignore...but now should we be taking more serious note of these letters....and trying to resolve the debt problems before we get issued with a claim? as defending against getting a ccj is very hard unless you have a rock iron defence....and now since these new rules we will have to fight that much harder...don't you think?

This case changed the problem in our favour:-

American Express v Brandon case.

[transformer999]

Re: Reform to bankruptcy removes court process for debtor petitions

Thanks Tech....so guess it is good news for us? sorry bit slow this evening been a long day

[transformer999]

Re: Reform to bankruptcy removes court process for debtor petitions

I think I posted this in the wrong thread lol!! should have posted below>

Lenders given fast-track to switch your unpaid credit card debt on to your property - Page 3 - allaboutFORUMS

[IF]

Re: Reform to bankruptcy removes court process for debtor petitions

I think I posted this in the wrong thread lol!! should have posted below>

Lenders given fast-track to switch your unpaid credit card debt on to your property - Page 3 - allaboutFORUMS

Moved the post over for you TR99