24 June 2013
Litigation team achieve result for client faced with Bankruptcy Restriction Order
The B P Collins litigation and dispute team was instructed by a private individual to defend proceedings brought by the Official Receiver (OR). The OR had made an application to the Court for a bankruptcy restriction order ("BRO") to be placed on a respondent for a significant period of time. The application was made based on an allegation of misconduct.
A BRO is an order placed on a bankrupt individual, restricting their ability to deal freely with their assets and finances following their discharge. If the OR considers that the conduct of a bankrupt has been dishonest or blameworthy in some way, they will report the facts to the Court and request that a BRO be made and, depending on the extent and nature of the evidence, the Court can grant a BRO for up to a maximum of 15 years. In this case, our client was keen to avoid the full extent of the restricted period sought by the OR.
We advised our client on his rights and possible defences to the application, prepared witness statements and briefed Counsel to represent him at the Court hearing. The result was a substantially reduced period of time for the BRO placed.
We have extensive knowledge and expertise in this area of the law and our specialist lawyers are always willing and able to help, even on short notice. Please contact Simon Carroll, for further information.