HMRC seeking Order for Sale of Ex's house and understanding implications for charging orders and further arrears owed to me

[topcatmum]

I'm trying to understand the process and when I get officially notified by HMRC or the Courts as my ex has been declared bankrupt and HMRC are applying to the Court for an Order of Sale for his house, which he owns but his current wife has an interest and I have 2 charging orders for arrears registered before the bankruptcy and one which is after the Trustees for HMRC registered a charge.

I understand the charges registered before will be paid if the house is sold but potentially not the one after (although debt not wiped out by bankruptcy). I am also going back to court for further arrears (enforcement as the court considers appropriate) and don't want a charging order if there is no house by the time I get it to enforce against.

In particular, trying to understand if there is anything I can do within the HMRC/repossession process to protect my interests, if so what and worth getting a solicitor to act (therefore also useful to know timescales) and at what stage.

Is the process the same as if a lender repossessing as everything on line is about lenders repossessing and for people being made bankrupt?

Ex decided not to pay maintenance when our child decided (and Court agreed they didn't have to) not to see them (Section 8 Childrens Act application by me) following neglect/mistreatment. Is this relevant in getting any priority from the Court in repossession and settling debt? They have CPTSD and physical and mental disabilities but monies are arrears as now a young adult.

I have acted as LIP for charging orders as bad experience first time with solicitor and barrister.

Many thanks for any advice or links to relevant information.

Hi, I'm going through a court process of a very different kind and know how difficult it is to get answers. Your case sounds very involved and I know no-one you can contact relatively easily for info will be able to give legal advice - because that's what they say when you call them. I'd have one or two appointments with a solicitor if you can afford it. It's such a closed industry.

It's good you're a secured creditor at least
do you know the date of his bankruptcy. I would have thought the insolvency service would be the place to make contact rather than HMRC as I would assume they would be the ones dealing with his affairs. It is possible to find out the date of a bankruptcy online via the insolvency service (I think) and the London Gazette also online. They may give you the name of the person and the office dealing with his bankruptcy.
you should take legal advice but I would assume that any Charges after HMRC's one wouldn't count and you wouldn't get paid out for that one sadly. I think you're going to have to get specialist legal advice for that, although you could read up on the latest insolvency act and see if that tells you more.

Hi, thanks for the replies. And sorry for those going through any court stuff

Fortunately I've made contact with the insolvency practice appointed as Trustees and they've advised about to submit application for Order of Sale and found the Gazette notice, and told 'm not a party to the bankruptcy proceedings but assume at some point in the process as I have interest in the property I will be involved with the sale of the property.

What I don't know is if the court considering the sale of the property can say that if there is money after HMRC, and lender paid, then my more recent debt should be paid before giving him the money back? or is there a stage when I can put an argument for getting that money before going back to him and that a solicitor can add value then. Or is it just procedural and not additional arguments to be made.

Thank you

I'd have to check to be doubly sure but I don't think that bankruptcy cancels any maintenance arrears.

Hi, I've been looking at the Insolvency Act and rules and while bankruptcy doesn't cancel maintenance arrears I believe the Court has some discretion to dismiss it if requested by the debtor but rare. I cannot understand the process and when there are court hearings and I can put any argument.
Apparently Court can take into account context etc so wondering whether to let the OR and Trustees know economic abuse (no payment for 10 years) and neglect and abuse of child - which is why they don't see father. He stopped paying at that time saying why should he pay for a child he doesn't see.
I'm trying to see if there is an opportunity in the process to explain the position - child has disabilities in case discretion to pay out of any surplus before returning to ex as I'll never get it !!
Thanks for all advice