The specialist insolvency team at Francis Wilks & Jones is highly experienced in all aspects of bankruptcy and can assist with the complex situations that can arise when an individual is facing or has been made bankrupt.
Our team can help individuals threatened with statutory demands and bankruptcy petitions as well as those individuals who have already had a bankruptcy order made against them.
We regularly provide expert assistance and guidance on
- defending bankruptcy petitions;
- settlement of the debt to prevent a bankruptcy order from being made in the first place;
- obtaining the withdrawal of bankruptcy petitions where the debt is disputed or where settlement can be achieved.
Helping annul or remove a bankruptcy order
In addition, our team can assist individuals who seek to annul a bankruptcy order.
The making of a bankruptcy order does not have to be final and it is possible to apply to the court to cancel the bankruptcy order.
The effect of the annulment of the bankruptcy order is that the individual previously declared bankrupt is returned to their pre-bankruptcy position, with control over their own financial affairs, assets and debts. In addition, an individual’s credit record will be amended and all of the statutory restrictions (such as being prevented from being a director) are removed following the annulment.
Our team can assist individuals who seek to annul a bankruptcy order.
- annulment can be achieved if there are grounds to show that the bankruptcy order
- should not have been made in the first place;
- that the debts and expenses of the bankruptcy have either been paid; or
- secured to the satisfaction of the court; or
- where an individual voluntary arrangement has been approved. The effect of the annulment of a bankruptcy order is that the individual is returned to their pre-bankruptcy position as if the bankruptcy order was never made against them.
Defending claims from a trustee in bankruptcy
Our team also regularly provides expert assistance to individuals facing claims from a trustee in bankruptcy.
We provide guidance on all claims brought by trustees in bankruptcy made against the bankruptcy, their family members and third parties.
Action taken by a trustee in bankruptcy can include:
- claims for the possession and sale of the matrimonial home or a second property owned by a bankrupt individual
- a claim seeking a monthly payment from the bankrupt individual’s income
- claims challenging transactions entered into or payments made by an individual before the bankruptcy order was made
If you have any questions regarding the service that we provide relating to personal insolvency matters, do not hesitate to contact one of our dedicated insolvency experts for an informal discussion.
Commercial litigation and dispute resolution
Obtaining a validation order to facilitate the sale of a property in the face of a bankruptcy petition
HMRC had presented a bankruptcy petition against our client, a private individual in the process of selling his home. The petition was for historical...