Tag: Insolvency Rules

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Case Study: Bankruptcy Order Annulment Victory Following HMRC’s Defective Service

We successfully annulled a bankruptcy order against our client after HMRC failed to properly serve notice of a key hearing. Mr. Gaster proved this procedural error denied him the chance to present evidence of his ability to pay. The court’s judgment emphasized due process under Rule 10.23 of the Insolvency Rules 2016, exposing flaws in HMRC’s conduct and evidence on the adjournment notice.

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Challenging Possession of Property by Fixed Charge LPA Receivers

Fixed charge receivership serves as a way for creditors in England & Wales to recover debts by seizing assets secured by fixed charges. It carries serious legal implications for property rights and debtor protections. The practice is rooted in the Law of Property Act 1925 and the Insolvency Act 1986, allowing creditors to appoint receivers to manage or sell assets in default. Debtors have avenues to dispute receivership, via specialist insolvency law advice.

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Consequences of the abuse of process of early advertisement of Winding-up Petitions

Insolvency Rules 4.11 provides that once a Winding-up Petition has been presented, it must be advertised in the London Gazette.  Advertisement must take place within a certain window:…