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Crime Solicitors

Bankruptcy restriction order for failing to pay assets to HMRC and Official Receiver (18 November 2016)

Date: 18/11/2016
Duncan Lewis, Crime Solicitors, Bankruptcy restriction order for failing to pay assets to HMRC and Official Receiver

A bankruptcy restriction order has been imposed on a man who failed to pay HMRC with his only asset and then failed to pay the Official Receiver.

Christopher John Day, 61, of Northampton was declared bankrupt on 17 June 2015 on a petition presented against him by Her Majesty’s Revenue & Customs (HMRC).

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

However, by the time he attended an interview with the Official Receiver’s Office in July 2015, Mr 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.

The investigation found that he failed to pay the money and instead instructed his family member to keep hold of the money on his behalf – after court proceedings, just £4,500 was recovered.

A bankruptcy restriction order was made against Christopher John Day of Northampton for ten years as a result of his conduct, lasting until 12 September 2026.

Deputy Official Receiver Martyn Rawbone 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.”

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