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i was made bankrupt recently and listed my council tax arrears , the biliffs called today i told them i was declared bankrupt they said its up to the council whether they accept that or not i told them my court details etc and they left does anyone know if council tax is ok to list in my official recievers list of creditors and how do i stand , i have no assets by the way

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You CAN include council tax arrears in bankruptcy, it is a proveable debt.

 

The Council can, however, attempt to recover the money from you up until the point of discharge so the Bailiff can still attempt recovery. You may wish to ask the council to use their discretion to call the bailiff off.

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I am assuming here that a Liability order has been raised as the bailiff has visited.

 

Yes, council tax can and does get included in bankruptcy. In fact a number of local authorities issue bankruptcy proceedings instead of going to a bailiffs.

 

If you get any problems you can point the bailiff to the following:

 

Section 49 (1) of the The Council Tax (Administration and Enforcement) Regulations 1992 states that:

Where a liability order has been made and the debtor against whom it was made is an individual, the amount due shall be deemed to be a debt for the purposes of section 267 of the Insolvency Act 1986 (grounds of creditor's petition)”

 

Section 49(3) also states that:

 

“For the purposes of this regulation the amount due is an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made”

 

Couldn't be clearer......

 

Any questions, please ask.

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