If a creditor ( being a firm ) was dissolved before the bankruptcy order
was made is it true to say that the previous owners of the firm would
have to consent for such a claim to be made & further is there a
requirement of the petiting Solicitor in his statement of truth to tell
the court that the creditor did not exist


Thank you


Morris Owen




-- 
Morris Owen

On 30 Aug, 21:32, Morris Owen 
wrote:
> If a creditor ( being a firm ) was dissolved before the bankruptcy order
> was made is it true to say that the previous owners of the firm would
> have to consent for such a claim to be made & further is there a
> requirement of the petiting Solicitor in his statement of truth to tell
> the court that the creditor did not exist
>

There's a bit of the story missing so its not quite clear what you are
saying. Are you saying that a creditor which was a limited company was
dissolved (and thus not on the register of companies) when the
bankruptcy order was made? What about at the time of the petition?

The reason I ask is that even if a petitioner withdraws another
creditor can ask for a change of carriage order and carry on with the
bankruptcy.

Again, I'm not sure who the "previous owners" are - was the creditor
firm sold before dissolution? I'm again a little puzzled. Who
instructed the petition to be issued.

By "statement of truth" do you mean "witness statement" or
"affidavit"? Normally a solicitor won't give evidence in such a
situation though they might. If there is a witness statement and/or
affidavit what does the statement of truth say (which is a little
statement at the end with the heading "statement of truth").

Francis

"Morris Owen"  wrote in message 
news:Morris.Owen.2ff79a7@legalbanter.co.uk...
>
> If a creditor ( being a firm ) was dissolved before the bankruptcy order
> was made is it true to say that the previous owners of the firm would
> have to consent for such a claim to be made & further is there a
> requirement of the petiting Solicitor in his statement of truth to tell
> the court that the creditor did not exist
>
>
> Thank you
>
>
> Morris Owen
>
Confused post.

If the directors dissolve an insolvent company they may commit an offence 
(if they know) and the creditors can have it restored to the register and 
formally liquidated.

Companies can be removed from the register: -

Struck off    - registrar removes them for not filing.
Dissolved    - directors use form 652(a) to request quiet removal
Voluntary winding up - directors formally close up a solvent company (may 
require administrator)
    If the assets are less than the capital the company is solvent but the 
shareholders will lose.
    If the assets are more than the capital then the shareholders make 
[taxable] capital gains.
Compulsory Liquidation - ordered by a civil court (liquidator appointed)
Criminal Bankruptcy (rare) - ordered by a criminal court (probably official 
receiver appointed)