# Don't let Official Receiver in UK bankruptcy bully you



## Steve Thatcher (28 Aug 2013)

I have been in court today for a client meeting an application by the OR to attempt annul a bankruptcy order made by a court last December. This client was on of mine and I have no problem saying that. 

It was perhaps the most ill conceived and stupid applications I have ever seen in 20 years in the law.

Anyway, I met the OR at the court after filing our witness statement in response to his report. I asked him to withdraw the application, without hesitation he agreed to adjourn. Then he agreed to withdraw.

The Judge actually dismissed his application and said it should never have been made because my clients COMI was so completely in the UK.

The lesson is two fold... OR's may be prepared to see if they can get Orders overturned. If you do it right, the Judiciary will stick up for you. There is no cosy conspiracy to let the OR have whatever they want.

But if you do not get your COMI right, you can expect a challenge. You need to be sure you are ready to meet that challenge.

On today's evidence my clients are.

Steve Thatcher
[broken link removed]


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## PaddyBloggit (28 Aug 2013)

What's an OR?


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## Time (28 Aug 2013)

Official Receiver, the official in charge of administering a bankruptcy.


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## PaddyBloggit (28 Aug 2013)

Thanks


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## Cantalia (29 Aug 2013)

Thanks for posting this.


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## Steve Thatcher (3 Sep 2013)

A client of mine rang today to say he had had his interview with the official receiver's clerk.
He said it was very considerate. He put him at ease. Explained fully how he was going to deal with things. Gave him encouragement to take his wife to Spain. told him he could go and live there. (Wife has health issues.) very small equity in property in Spain and encouraged him to make an offer to buy out the OR.
All in all a complete pleasure he said.

SteveThatcher


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## Cantalia (4 Sep 2013)

What does it mean " to buy out the OR"? Thank you


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