been bankrupt twice previously

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Pelican

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Post by Pelican » Mon Jan 07, 2008 3:09 pm
Hi i have been bankrupt twice previously, the first time for 3 years as my total debt was over £30k, as were many others at the time of the late eighties crash, i was a builder taken down by a property developer, the second time i was declared bankrupt it was for five years, ending around June 2000, this time it was around £45k.

Since then my wife and i ran a very successful business making very good money in our industry and had between 40 and fifty staff, our services were in demand and we were cash rich paying our bills as soon as they arrived, we then converted our business to a limited company, we had around £170k in the bank and were producing invoices of around £20-30k a week and clearing £10-15k, with oustanding invoices of around £100k always owed and our bills paid weekly, we decided to invest in another company and set it all up and started to make money on paper when, a client refused to pay invoices totaling £250k, this obvioulsy put us under alot of pressure, but our industry was and had been bouyant enough for us to overcome the problem, then our industry crashed nationaly, with massive overheads and no income to speak of, we were finished, my wife left me and declared herself bankrupt as she had £60k on credit cards, i tried to rake up funds to put the company into liquidation, they wanted £4k for each company totaling £8k, i couldn't raise it, the companies have not been liquidated and i am now personaly insolvent, as this is my third time and i am still legally the director of these companies what is likely to happen. Regards
 
 

Adam Davies

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Post by Adam Davies » Mon Jan 07, 2008 4:39 pm
Hi and welcome
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Cybus

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Post by Cybus » Mon Jan 07, 2008 8:22 pm
It is most likely that the Companies will have to be wound up by way of Compulsory Liquidation.

This relies upon one, or more of the Company creditors presenting winding up petitions. The costs to you personally, in winding up proceedings, will be nothing as it is funded by the petitioning creditor(s)

If you have personal guarantee's to any of the creditors, they will of course seek to recover the liability from you.

As far as your directorships are concerned, it may all become academic if they are wound up.

It is possible that, if the Directors Disqualification Unit deem it appropriate, you will be subject to proceedings under the Company Directors Disqualification Act 1986. This may prevent you from holding future directorships in Limited Companies.

Tell it like it is.
Last edited by Cybus on Mon Jan 07, 2008 8:23 pm, edited 1 time in total.
Tell it like it is.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jan 07, 2008 8:27 pm
If you cannot afford to fund voluntary liquidations, Cybus is right to suggest complusory liquidations, but again these need to be paid for and I would have thought that this would also cost between £1,500 and £2,000 per company. Creditors may well not petition, as they will see this as throwing good money after bad, but you can petition as a director or shareholder - and also as a creditor if you are owed any money by the company.

A cheaper way forward, which can only be possible if the companies have not traded over the last three months, would be to apply to the Registrar of Companies to have them struck off under Section 652 of the Companies Act 1985.

What impact has this now had on your personal finances, and what do you intend to do to sort that side out?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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Regards, Melanie Giles, Insolvency Practitioner
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