Bankruptcy Annulment

[toddle2u]

Is the fact that the petitioning creditor is incorrectly names on a BO grounds for an annulment? It is only incorrect that it is named as a Ltd Company when in fact it is a PLC. Would welcome anyones thoughts on this.

[Trilby274]

HMRC lists Limited Companies and PLCs under the same Legal Entity heading so would doubt that an annulment would be allowed. Might be wrong and I know someone will put me right if I am.

[palomino]

It might be wrong but I suspect that the OR would find the difference to be of no consequence.

[toddle2u]

Thanks for the replies. I thought I might be clutching at straws on this one as well.

[42man]

Toddle...

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

Then r 6.15 says:

(1) Service of the petition should 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 should be filed in court immediately after service.

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. The rules provide in terms that the petition must be supported by an affidavit of service showing how the petition was served, and express reference is made to substituted service and the way in which that then is to be proved, which involves the affidavit of service having with it a sealed copy of the order.' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

[toddle2u]

42Man thanks for that. Service of SD and BP was not effected so that will also be going into Annulment application