10-year restriction on bankrupt for holding on to asset

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A bankrupt who failed to pay HMRC with his only asset and then went on to fail to pay the official receiver has been given a 10-year bankruptcy restriction order as a result of his conduct

Christopher Day, from Northampton, was declared bankrupt on 17 June 2015 on a petition presented against him by HMRC.

An Insolvency Service investigation found Day withdrew his entire pension, of more than £30,000, after bankruptcy proceedings had been started against him by HMRC. The petition against Day had been presented on 27 April 2015.

By the time he attended an interview with the official receiver’s office in July 2015, Day said he had £10,500 remaining, and that this was being ‘looked after’ by a family member. He was told he needed to pay the money to the official receiver.

However, Day failed to do this, and instead instructed his family member to keep hold of the money on his behalf. After court proceedings, only £4,500 was recovered.

At a hearing in September 2016, a bankruptcy restriction order was made against Day for 10 years as a result of his conduct, lasting until September 2026.

Martyn Rawbone, deputy official receiver, said: ‘This is a serious case in which the bankrupt’s misconduct continued even after he had been made aware of his obligations. Extending the period of the bankruptcy restrictions should act as a deterrent and warning to others who might be considering such actions.’

Pat Sweet | Reporter, Accountancy Daily [2010-2021]

Pat Sweet was the former online reporter at Accountancy Daily and contributor to the monthly Accountancy magazine, pub...

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