Judges and B/R

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Max

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Post by Max » Mon May 18, 2009 11:16 am
I posted sometime ago about a local District Registrar who refused a creditor's petition on the grounds that the debtor had not been given the opportunity to consider other options - in the local paper it is reported that the same Judge did exactly the same last week. I am wondering if it is this particular Judge who is being sympathetic or a change of attitude by the Judiciary in principle. J
 
 

kallis3

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Post by kallis3 » Mon May 18, 2009 11:27 am
I have a feeling that all judges are supposed to check that you have received the appropriate advice about your options before granting bankruptcy.
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Skippy

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Post by Skippy » Mon May 18, 2009 11:31 am
I was asked if I had taken advice before the judge granted my BR. When I said that my IP had advised me he asked had I taken any further advice to make sure it was in my best interests.
 
 

Julie

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Post by Julie » Mon May 18, 2009 12:38 pm
Same here, both the clerk and the judge asked if hubby had taken advice and by whom.

Assuming the individuals had not taken advice, the judge is right.
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