Ex bankruptcy - and charging orders for maintenance not covered- any other way of getting arrears

[stressedmum777]

Hi, just found out ex is being made bankrupt and the charging order I have against his house and the one in progress will not be included in the debt. I can't believe this. The monies are under a Court Order and not covered by CMS as old (DD is disabled and in education but in 20s). Will I be able to get the monies some other way, if the order is against a house and sold but not given me money is it still a debt I can enforce? Any help appreciated as v worried - over 10 years of monies owed,, and he had money - expensive house and lifestyle

Do you have a final charging order against his house or an interim one?

Hi , thank you for replying .
I have a final charging order from 2018 registered. Apparently the bankruptcy was started in 2022, and had I has an application 2019 for enforcement as the court thinks appropriate but with covid and court details court gave me in 2023 interim charging order which i registered and a final charging order made by the court in Jan 2024 and due to be registered with land registry in next few weeks. Insolvency firm are also registering a further restriction and said they have til Aug 25 ( 3 years from start to do something). The unregistered charging order is for the larger sum.
I've read there can be exceptional circumstances where maintenence can be considered by the judge but unclear what this would be. The monies are child maintenance and the young person experienced psychological and emotional abuse from ex, court order saying they don't have to see ex and has serious mental health difficulties and long term.phsyical health conditions ( covered by equality act) if that could help. Also stopped paying when they were 12 and he and new family carried on living a lavish lifestyle. YP in higher education which is covered by the original consent order and I can go back for arrears from Jan this year, they are due to end studies spring/ summer next year ( delays due to poor health and a year off after being in a serious accident). Advice really appreciated.

If he's bankrupt its unlikely that you'd get the full amount of money, but possibly a proportion in line with all his creditors. Are you saying that the final piece of the jigsaw, registering the charge against the house wasn't completed before bankruptcy?

As you have a final charging order against his property, you are a secured creditor and cannot be deprived of the benefit of your security - see the decision of the Court of Appeal in Nationwide Building Society v Wright and another [2009] EWCA Civ 811. Your interest in the property remains secured because of the charging order unless it was set aside when the new charging order was made. If the house is sold, you must be paid.

If I understand you correctly, the larger sum relates to the interim order that was finalised in January. It seems that the bankruptcy order was made before the final charging order, which means you have lost the security for that sum. In that situation the amount owed to you would become an unsecured debt. It should still form part of the bankruptcy, but it is unlikely you would receive the full amount.