Can a bankrupt continue with court proceedings which could benefit him?

[Goldlady]

Hi, need some urgent help with a matter I am involved with. Friend of mine is involved in very complex case and the other side are trying to bankrupt him. We have been told that if they succeed with the BR (which obviously we are fighting - set aside of SD already drafted) he cannot continue with the court proceedings. He stands to gain a large amount of damages, far in excess of the amount they are trying to BR him for, and it seems that is why they are trying this.

 

We have been told by someone that if he does go BR the trustee will not allow him to continue with the case. He is a litigant in person and therefore is not incurring costs, apart from the other side's of course:).

 

Does anyone have any knowledge of such things?

 

Thanks

 

Goldlady

[Dodgy Geezer]

A judge will not order bankruptcy whilst a counter claim is ongoing.

[Goldlady]

Hi, well you have confirmed my thoughts on it, which then makes me wonder why on earth they have served the SD? I can see that if a third party had served a SD and there was a case ongoing with someone else that may not help, but if the proceedings are between the two parties then surely no judge would allow the BR to proceed.

 

Thanks

[Dodgy Geezer]

Probably trying the fear factor.

 

Stat dems are compulsory before BR. Its just the proceedure.

 

If you include the reasons in your set aside, this should be enough to halt further proceedings at this stage.

[palomino]

In the general case the OR takes over any litigation in which you are involved. If there is any likelihood of further money coming in then he will almost certainly continue the litigation himself.

[loobyloo85]

As above, sometimes the creditors will issue stat demands on people who have no assets and live in rented accomodation which does not make much sense, as they are not going to receive anything back from them in bankruptcy. They do have to threaten/issue this before they can make someone bankrupt, but if they are not going to gain anything by doig this, it is a waste of their expenses, and silly to me