Rekha Patel loses her house

[AndyPandy]

Section 424 Insolvency Act

424 Those who may apply for an order under s. 423.

(1)An application for an order under section 423 shall not be made in relation to a transaction except—

(a)in a case where the debtor has been adjudged bankrupt or is a body corporate which is being wound up or [F1is in administration], by the official receiver, by the trustee of the bankrupt’s estate or the liquidator or adminstrator of the body corporate or (with the leave of the court) by a victim of the transaction;

(b)in a case where a victim of the transaction is bound by a voluntary arrangement approved under Part I or Part VIII of this Act, by the supervisor of the voluntary arrangement or by any person who (whether or not so bound) is such a victim; or

(c)in any other case, by a victim of the transaction.

(2)An application made under any of the paragraphs of subsection (1) is to be treated as made on behalf of every victim of the transaction.

[rumpelstilzchen]

You could be correct, I suppose they evicted her for fun. Maybe you should give your own educational opinion.

She was evicted because the court ordered that he house should be sold to pay her debt.
The court did not declare her bankrupt.
AFAIAA there has never been a petition for bankruptcy in this case.

[ceylon2]

You could be correct, I suppose they evicted her for fun. Maybe you should give your own educational opinion.

She was evicted because the court ordered that he house should be sold to pay her debt.
The court did not declare her bankrupt.
AFAIAA there has never been a petition for bankruptcy in this case.

No one is talking about bankruptcy, it's more to do with unable to pay debts and selling her home to avoid creditors.

[rumpelstilzchen]

No one is talking about bankruptcy, it's more to do with unable to pay debts and selling her home to avoid creditors.

Exactly right.
That is why I am asking you if sec423 of the Insolvency Act applies to individuals who have NOT been declared bankrupt.

[longdog]

Now would you care to point out where the advert is for my book?

When you say 'your' book I assume you mean Associate Chief Justice John D. Rooke's book as he wrote everything from page 37 to page 307 in 'your' 314 page book... Roughly 90%.

I trust you'll be forwarding 90% of the profits to ACJ Rooke.

[ceylon2]

No one is talking about bankruptcy, it's more to do with unable to pay debts and selling her home to avoid creditors.

Exactly right.
That is why I am asking you if sec423 of the Insolvency Act applies to individuals who have NOT been declared bankrupt.

Insolvency Act 1986

1986 CHAPTER 45
An Act to consolidate the enactments relating to company insolvency and winding up (including the winding up of companies that are not insolvent, and of unregistered companies); enactments relating to the insolvency and bankruptcy of individuals; and other enactments bearing on those two subject matters, including the functions and qualification of insolvency practitioners, the public administration of insolvency, the penalisation and redress of malpractice and wrongdoing, and the avoidance of certain transactions at an undervalue

[ceylon2]

Now would you care to point out where the advert is for my book?

When you say 'your' book I assume you mean Associate Chief Justice John D. Rooke's book as he wrote everything from page 37 to page 307 in 'your' 314 page book... Roughly 90%.

I trust you'll be forwarding 90% of the profits to ACJ Rooke.

No, I did something else, can you work it out???????

[rumpelstilzchen]

You quoted my question but did not answer it ceylon2. If you are going to quote my questions at least make an attempt to answer them.
I will try for a fourth time: Does sec423 of the Insolvency Act apply to individuals who have NOT been declared bankrupt?

[ceylon2]

You quoted my question but did not answer it ceylon2. If you are going to quote my questions at least make an attempt to answer them.
I will try for a fourth time: Does sec423 of the Insolvency Act apply to individuals who have NOT been declared bankrupt?

I refer you back to the post in answer for you. Are you finding it difficult to interpret

[longdog]

As I see it Rekha is not bankrupt nor is she in any danger of being declared bankrupt so the only question is whether or not the 'sale' of the house to her parents / a specially created business was valid. The fact the courts have ordered the sale of the property on the open markets implies the earlier 'sales' were declared void or irrelevant and RP was held to be the actual owner of the property.

That's all we need to worry about and as it has already been decided by the courts the question is moot.

[ceylon2]

As I see it Rekha is not bankrupt nor is she in any danger of being declared bankrupt so the only question is whether or not the 'sale' of the house to her parents / a specially created business was valid. The fact the courts have ordered the sale of the property on the open markets implies the earlier 'sales' were declared void or irrelevant and RP was held to be the actual owner of the property.

That's all we need to worry about and as it has already been decided by the courts the question is moot.

So what did the legal team do to get it back into court? Do you think they used the environment act????

[rumpelstilzchen]

I refer you back to the post in answer for you. Are you finding it difficult to interpret

Yes.
Please make it simpler for me.
Here is my question:

Does sec423 of the Insolvency Act apply to individuals who have NOT been declared bankrupt?

Now please interpret your quote for me and tell me if your conclusion is a "Yes" or a "No" to my question.

[ceylon2]

I refer you back to the post in answer for you. Are you finding it difficult to interpret

Yes.
Please make it simpler for me.
Here is my question:

Does sec423 of the Insolvency Act apply to individuals who have NOT been declared bankrupt?

Now please interpret your quote for me and tell me if your conclusion is a "Yes" or a "No" to my question.

YES.....................Can you not read the introductory? This is where you can determine what the act is about, try it.

A clue..................enactments relating to the insolvency and bankruptcy of individuals; and other enactments bearing on those two subject matters,

[AndyPandy]

You quoted my question but did not answer it ceylon2. If you are going to quote my questions at least make an attempt to answer them.
I will try for a fourth time: Does sec423 of the Insolvency Act apply to individuals who have NOT been declared bankrupt?

I refer you back to the post in answer for you. Are you finding it difficult to interpret

Bankruptcy and Insolvency.

The term Insolvency is the term to cover all types of debt problems while Bankruptcy is the term for an individual (whether in business or not) who has been declared bankrupt. Therefore bankruptcy is a type of insolvency. Other types of insolvency for individuals include IVA’s, debt relief orders and debt management plans.

[longdog]

So what did the legal team do to get it back into court?

I don't recall and it doesn't matter. The case has been decided... It's done and dusted... Over... Finito... There was a charge on the property and now there's an order for sale. The only case left outstanding is a criminal case which will have nothing to do with the civil case.

[rumpelstilzchen]

A clue..................enactments relating to the insolvency and bankruptcy of individuals; and other enactments bearing on those two subject matters,

But bankruptcy is not a subject matter in this case.

[ceylon2]

A clue..................enactments relating to the insolvency and bankruptcy of individuals; and other enactments bearing on those two subject matters,

But bankruptcy is not a subject matter in this case.

Insolvency is

[ceylon2]

Right, why is Patel in court in November?

[exiledscouser]

Right, why is Patel in court in November?

So far as we know it is for obstructing a bailiff at the time of the most recent eviction, pretty much the same offence Chrisy 'Bailiff Baiter' Morris was arrested for and ultimately convicted of when Rekha was first evicted. It is a summary only matter but a conviction may well kill off a continuing career in teaching.

[rumpelstilzchen]

Insolvency is

Has a court declared she is insolvent?