This Practice Note considers the position of a judgment creditor wishing to enforce their judgment by obtaining a charging order over the judgment debtor’s property and considers the cost, time and pros and cons of using this method of judgment enforcement.
This Practice Note identifies some of the potential difficulties you may encounter when applying for an order for sale to enforce a charging order with reference to CPR 73, including: when to apply for an order for sale, what happens if there are prior charges over the property, or there are joint owners or children resident in the property. It also notes the need to obtain a valuation of the property of which the order for sale is sought and that possession via delivery up is required before the sale can take place as well as other factors the court will consider when deciding whether to make the order for sale.
This Checklist and timeline, produced in partnership with Frances Coulson of Wedlake Bell, summarises the process for making annulment applications on the ground that the bankruptcy order ought not to have been made under section 282(1)(a) of the Insolvency Act 1986.
This Checklist and timeline, produced in partnership with Frances Coulson of Wedlake Bell, summarises the process for making annulment applications under section 282(1)(b) of the Insolvency Act 1986 where there is a payment in full of the costs, expenses and claims in the bankruptcy estate.
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