8 year extended bankruptcy for Atherstone man who made a false insurance claim
Mohammed Shahjahan has had his bankruptcy extended for eight years for making a false insurance claim.
The ban follows an investigation by the Insolvency Service, which found Mr Shahjahan made a false insurance claim in which he declared that he had been injured in a road traffic accident in November 2011.
The undertaking given on 9 December 2016, means Mr Shahjahan will be bound for 8 years, by the restrictions set out in insolvency law that a bankrupt is subject to until they are discharged from bankruptcy – normally 12 months – until 2024. In addition, he cannot manage or control a company during this period without leave of the court.
In July 2014, the court decided that the insurance claim was false and Mr Shahjahan was ordered to pay third party costs. A counter-claim was made by the insurance company and in September 2015, Mr Shahjahan was ordered by the court to pay damages and further costs. Mr Shahjahan failed to pay the interim payment, causing the insurance company to petition for his bankruptcy. A bankruptcy order was made against him on 13 January 2016.
The total liability to the insurance company is £51,870 which has materially contributed to Mr Shahjahan’s deficiency in bankruptcy.
Commenting on the case, Kevin Read, Official Reciever, at the Insolvency Services said:
The Insolvency Service always looks very closely at individuals who demonstrate dishonesty and takes action where wrongdoing is uncovered.
Notes to editors
Mohammed Shahjahan is of 21 Long Street, Atherstone, Warwickshire, CV9 1AY and his date of birth is 29 October 1976.
If the Official Receiver considers that the conduct of a bankrupt has been dishonest or blameworthy in some other way, he (or she) will report the facts to court and ask for a Bankruptcy Restrictions Order (BRO) to be made. The court will consider this report and any other evidence put before it, and will decide whether it should make a BRO. If it does, the bankrupt will be subject to certain restrictions for the period stated in the order. This can be from 2 to 15 years.
The bankrupt may instead agree to a Bankruptcy Restrictions Undertaking (BRU) which has the same effect as an order, but will mean that the matter does not go to court.
These are restrictions set out in insolvency law that the bankrupt is subject to until they are discharged from bankruptcy – normally 12 months and include that bankrupts:
- must disclose their status to a credit provider if they wish to get credit of more than £500
- who carry on business in a different name from the name in which they were made bankrupt, they must disclose to those they wish to do business with the name (or trading style) under which they were made bankrupt
- may not act as the director of a company nor take part in its promotion, formation or management unless they have a court’s permission to do so
- may not act as an insolvency practitioner, or as the receiver or manager of the property of a company on behalf of debenture holders
Additionally, a person subject to a Bankruptcy Restrictions Order/Undertaking or a Debt Relief Restrictions Order/Undertaking may not be a Member of Parliament in England or Wales.
The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.
BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.
The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.
Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.
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Published: 9 February 2017
From: The Insolvency Service