Russell Ian Payne faces eight years of restrictions after failing to disclose to the Official Receiver that he had disposed of assets in the lead up to his*bankruptcy.
The eight year bankruptcy restrictions undertaking from 16 November 2017 until 2025 follows an investigation by the Insolvency Service. Bankrupts are normally discharged after 12 months.
After a Bankruptcy Order was made against him on 16 June 2017 Mr Payne was interviewed by the Official Receiver and failed to disclose that he had disposed of assets in the lead up to the Bankruptcy Order being made. In March 2017 he received ?99,073 (after payment of tax, fees and a mortgage) in consideration for the sale of shares in a limited company of which he was a director. Mr Payne used ?58,000 of the proceeds to repay a debt to a relative, ?10,000 to repay two creditors, and the remainder to pay for household expenses.
Commenting on the bankruptcy restriction, Gerard O?Hare, an Official Receiver at the Insolvency Service said:
Where a bankrupt has taken undue risks with creditors? money, he should not expect to do so without repercussions, particularly when others suffer financial loss as a result.
?A bankruptcy restriction in these circumstances will serve to provide creditors with a degree of protection, and it will also act as a deterrent to the bankrupt not to act in a similar manner in the future.
Mr Payne was declared bankrupt on 16 June 2017 with a deficiency of ?4,508,831. Mr Payne was interviewed at the Official Receiver?s office at which time he stated that between 2009 and 2016 he borrowed sums of money from various parties to fund building ventures, supplement his general income, fund repayments to existing debts and to support his long term gambling addiction.
The Official Receiver?s enquiries established that in February 2017 Mr Payne transferred his interest in a jointly owned property valued at ?147,288 to a company of which he was a director. In March 2017 he sold his shares in the company for which he received ?99,073. Mr Payne used ?58,000 of the proceeds to repay a debt to a relative, ?10,000 to repay two creditors, and the remainder to pay for household expenses. None of Mr Payne?s remaining creditors received any payments and remained outstanding upon his bankruptcy.