Annulment of Bankruptcy
Date posted: December 11, 2013 by Paddy Byrne
In the world of personal insolvency the annulment procedure applies to bankruptcy only. Only the court has the power to order the annulment or cancellation of a bankruptcy order that has already been made. Annulment releases the bankrupt from the restrictions placed on him or her by insolvency law and renders him or her no longer bankrupt with immediate effect. Annulment can be sought at any time, even after the bankrupt has received discharge from bankruptcy.
Why would a bankruptcy order be annulled? There are three principal reasons chief of which is that there was a valid reason why the bankruptcy order ought not to have been made in the first place. The second reason is that the debts and expenses of the bankruptcy have either been paid in full or secured to the satisfaction of the court. The third reason is that the bankrupt has with the approval of creditors entered into an Individual Voluntary Arrangement (IVA) or into a Fast-track Voluntary Arrangement (FTVA).
Generally the bankrupt (or representative) must apply to the court for an annulment of the bankruptcy order. One exception is where the petitioning creditor’s solicitor makes the application in circumstances where their client failed to notify them that the debt had been paid in full prior to the bankruptcy. The court then sets a date for the hearing.
Visit the website of The Insolvency Service Website for a full description of the process of annulment of a bankruptcy order and find the section entitled Annulments, Rescissions and Recalls.