Preliminary note in relation to annulment of bankruptcy orders
This is a preliminary advice note and is no substitute for the taking of detailed legal
advice in what may relate to potentially a very complex legal position.
We would at first note that it is not uncommon for bankruptcy orders to be made against
individuals without their knowledge.
Common situations include where the creditor obtains an order for substituted service at
an address at which the individual no longer lives – but service at which address
becomes legally effective. Further, writing letters to the Court explaining why a person
cannot attend a bankruptcy hearing are almost invariably ignored by the Court and
bankruptcy orders are often made in such circumstances.
Bankruptcy has an extremely unfortunate consequence of affecting the worldwide assets
of a person.
Also the fact that the amount claimed is only modest does not preclude the making of a
bankruptcy order (as long as the amount claimed is in excess of the bankruptcy limit
currently £750), and the order will affect the whole of the worldwide assets of the
individual. Accordingly if the bankruptcy order is only for £1500 council tax and a
person’s assets are several million pounds, the bankruptcy will still result in the whole of
the individual’s assets vesting initially into the Official Receiver and subsequently into the
name of any appointed private Trustee in Bankruptcy.
An application can be made to annul a bankruptcy order. If such order is made, the
individual is deemed to never have been bankrupted.
There are two grounds to annul a bankruptcy order.
The first ground is that the bankruptcy order ought not to be made. This is a fairly
difficult ground to satisfy.
It is not uncommon for bankruptcy to be pursued following a judgment entered in default
in the County Court. The Bankruptcy Judge will not normally go behind such judgment.
In such case if it wished to contest the bankruptcy, it will be also necessary to apply to
set aside the judgment in the County Court.
The second most common ground to secure a bankruptcy annulment order is upon the
basis of payment in full of bankruptcy debts and expenses in full.
If a private trustee has been appointed then this will be considerably increase the
amount of the bankruptcy expenses. The fees of the Official Receiver, who is initially
appointed, will usually be relatively modest by comparison.
As a person has been adjudicated bankrupt, they are not able to raise money upon their
assets (which will following the making of the bankruptcy order be vested in the Official
Receiver).Accordingly if this ground is to be relied upon money will need to be raised from family,
third parties or by way of bankruptcy annulment funding. This is a specialist form of
funding- in essence in the form of bridging finance.
Once an application has been submitted to the Court for the annulment of the
bankruptcy order it is generally the case that the Official Receiver does not take steps for
the appointment of a private trustee in bankruptcy and therefore this will give rise to
significant saving in bankruptcy expenses.
Bankruptcy represents a core area of the work of this firm.
We offer an initial fixed fee interview of half an hour at a cost of £75 plus VAT. We are
pleased to undertake this by way of a telephone conference is this should be more
If you would wish this firm to assist please contact Lawrence Rodkin (partner).
How to Minimize Stress in the Workplace When a Job Deadline Approaches
This Article has been prepared for our website by Ryan Rivera, who has published articles upon the internet in relation to Anxiety Disorder
Stress levels go haywire and shoot up as crunch time approaches. The most common reasons for having these feelings of tension and anxiety are a huge workload and a very tight time frame to finish the job. Research has shown that meeting deadlines leads to more stress and panic symptoms than any other factors. Managers and supervisors are usually the first people who feel the tension, more severely in fact.
Too much stress in the workplace can hinder productivity and seriously affect an employee’s physical and emotional health. Hence, managers should keep stress levels to a minimum. If a manager can remain calm in a stressful work environment, employees are likely to exhibit significantly less stress symptoms.
Workplace stress signs and symptoms
Feeling swamped as the deadline approaches can make confidence levels plummet, making the stressed person both cranky and uncommunicative. This creates the feeling that the effort being put into the project isn’t worthwhile which can lead to a decline in productivity. Ignoring the ominous signs of excessive workplace stress can give way to bigger issues like physical and psychological problems. Here are some of the symptoms to watch out for:
- Anxiety, depression, or irritability
- Turning to drugs or alcohol to ease the tension
- Lack of focus
- Loss of libido
- Stomach problems
- Tension headaches
- Muscle pains
- Socially withdrawn
- Loss of interest in working
Excessive work stress that can have harmful health risks is caused by stressors such as extra overtime work due to cutbacks in the labor workforce, pressure to work hard to conform to company expectations, and the gnawing fear of getting fired. Another factor that triggers workplace stress is the heavy strain to perform continually at a steady rate without respite.
As the countdown clock approaches zero hour…
Employers should act as encouraging role models especially during periods when the levels of work stress are high. Preparing your staff to meet deadlines requires tact and a confident attitude, where you need to lay out the work plans and assign tasks fittingly. However, to motivate your employees to finish a project in a narrow time frame, you need to be calm, focused and creative.
Don’t force the results. Rather, invest a lot of time in planning well to ensure you get the job done on time. If you need to outsource certain tasks or hire extra workers, then do so. To lessen the pressure, call some clients and request for an extended deadline.
Start on the toughest areas of the project. Tell your personnel to get the most difficult part of the work, like resources, research and equipment, done and out of the way. Eliminating the hard tasks initially gives you a better shot in meeting the deadline. This preparatory step spearheads the path and gets everybody in the right direction.
Tell your employees to holler at the first sign of a problem. Some workers slow down when they hit an obstacle or a stumbling block. Some may even hide the problem, sometimes in protest for having to work longer hours. Find the people who aren’t cooperating well, but do it discreetly.
To save energy, make sure every employee is focused on the job. Distractions and interruptions can only raise stress levels and drain workers of their energy. See to it that they are focusing their time well in a stress-free environment.
Give your employees sufficient breaks. Working hard and continuously can’t guarantee a better result. Encourage your workers to take five to allow them to get rid of the boredom of work, get their circulation going and to restore some of their energy.
Explain everyone’s job assignment so no one gets confused. Be sure that everyone who receives their work assignment understands their role.
Make sketches and plans so everyone gets a clear picture of what needs to be accomplished. Write down what’s expected of everyone and allow your employees to respond by giving you some feedback. Make everything clear through the use of visual aids like rough drawings, charts, boxes or any materials that can convey your idea. Everyone will be able to catch on.
Prevent pressure buildup by knowing you’re doing a good job. Worry feeds on your energy. If you show signs of stress, your people will notice, and work may slow down. If you remain calm and relaxed, your mind will be more open to ideas and adopt smarter measures to improve the job. If you feel you are in control of the project, then stress and anxiety can’t get a hold on you.
If you failed to make the deadline…
Knowing that they’ll be facing a tight deadline, make sure that your work staff will be able to handle the responsibilities assigned to them efficiently. Should a delay be inevitable, ask your employees to negotiate with the clients who will be affected. Clients who could be ticked off by the delay can be pacified by just offering the courtesy of letting them know what’s going on and what you are doing to make things right.
More information in relation to Ryan Rivera can be found at http://ezinearticles.com/?expert=Ryan_Rivera, which contain a list of some key articles which he has written
New Team Member – George Patros
George Patros has joined our firm as a consultant, a barrister who also practices from chambers in Central London. George specialises in property and landlord and tenant disputes, particularly in relation to business premises. We can accordingly now offer a one stop (solicitor and barrister) service in this area of law. George will operate from both our Central London Office (in WC1) and our North London Office in Finchley (N12)