Insolvency query

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  • #20533
    Anonymous
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    I would appreciate views on the following scenario please:

    Mr A has council tax debts going back over a period of time. At the start of the year he was billed for 2004/2005 and the facility to pay by instalments was also given. In May he lost the right to pay by instalments and the full charge for 2004/2005 became due.

    Mr A has now been made bankrupt from 1st June 2004. Would you include the whole debt for 2004/2005 in your write-off (because the full liability for 2004/2005 became due in May) or would you apportion the charge for 2004/2005 and only write-off the debt from April to June?

    #3154
    Anonymous
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    If it is a case of submitting the debt to the Official Receiver as a claim against the debtor, then you are looking to submit the debt which, if you have issued a notice stating that the instalments have been withdrawn, would be the tax to 31 March 2005 as that is what technically is due.

    If he was still on instalments then you would only submit the amount of those intalments that have fallen due, i.e. 1 April, 1 May etc and not apportion.

    Is there a possibility of issuing the wife (assuming there is one) with a J & S notice for the current year?

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