Anybody have access to books by Muir Hunter on Insolvency ??

[42man]

Anybody have access to any books by Muir Hunter on Insolvency....apparently there is a point 6.15 in one of the insolvency books about 'a case from Judge Boggis which said that the affadavit must be proved and he referred to point 6.15 of the Insolvency Laws'....if anybody can help PM me...

[Docman]

Sorry 42 man, I don't have access to Muir Hunter any longer but I should think the reference is to the Incsolvency Rules 1986.

 

Rule 6.15 deals with the service of a bankruptcy petition and how you prove it has been served. The Rule is

 

"6.15 - Proof of service

(1) Service of the petition shall be proved by affidavit.

(2) The affidavit shall have exhibited to it -

(a) a sealed copy of the petition, and

(b) if substituted service has been ordered, a sealed copy of the order;

 

and it shall be filed in court immediately after service."

 

Basically, the rule is saying that the petition must be drawn to the debtor's attention in a specific way (using a process server) and that fact should be confirmed on a sworn document that is sent to the court striaght away. You can't get down the road of a bankruptcy hearing and when challenged about service, the creditor suddenly say a copy was posted to the debtor. The petition has to be served properly beforehand or the petiton will be thrown out.

Edited August 14, 2008 by Docman
Completed post

[42man]

Am I right in saying that if one hearing is adjourned without the debtor being present then an affadavit of continuing service shall have to be filled out immediately after the adjourned hearing ?? and does that have to be served also ???

 

(By the way Doc, keeping my eye on your threads....if I can help give me a shout !!! eternally grateful to you as you know...!!)

[42man]

Just been to the local library but no joy....and a copy of the book costs £500 + !!!!.....hoping there might be a solicitor on here who sees it...alternatively somebody who has access to case law...apparently the name Judge Boggiss QC or Bogiss was the judge who set this precedent !!!

[42man]

And THANK YOU Doc....

[Docman]

Am I right in saying that if one hearing is adjourned without the debtor being present then an affadavit of continuing service shall have to be filled out immediately after the adjourned hearing ?? and does that have to be served also ???

 

(By the way Doc, keeping my eye on your threads....if I can help give me a shout !!! eternally grateful to you as you know...!!)

 

 

No, I'm afraid not. If the court adjourns the hearing, the creditor has to send a notice of the adjournment to the debtor but the Rule (6.29) does not specify that service of the adjournment order must be verified by affidavit.

 

There is an assumption that the debtor must be present at the first hearing of the petition, since if he is not present, the court would normally make the bankruptcy order. Any notice of adjournment is therefore confirmation of what he should already know.

 

As to the Boggiss case, I've drawn a blank. Never heard of it and nor have some of my old friends in Bloomsbury.

 

If you can post anything about what is happening without revealing too much, I'll try to help.

 

Doc

[sequenci]

I have access to the book but I think your query has been answered by Docman?!?!

[42man]

Ahh the Oracle has spoken....Hi Seq...good to see you !! I was wondering if you might be able to find the piece about Judge Bogiss / Boggiss....which required for there to be an affadavit of CONTINUED service (and this had to be served) if there had been an adjournment when the debtor hadn't turned up, apparently an affadavit has to be served if this happens.....the judge quoted this in my case, from the book itself....wonder if you might be able to have a scan please...

[sequenci]

Can I have a look tomorrow for you? I'm just finishing now and have to rush off to meet a lady friend