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| melissa35 |
Posted - 15 March 2010 : 18:32:23
I am going bankrupt...my situation rose after I lost my job...I have a claim with the tribunal service and if successful I could be awarded between 55 - 60k. My total bent is about £72k. Would the OR take all of the monies win at the tribunal? |
| 2 L A T E S T R E P L I E S (Newest First) |
| Bridgewood |
Posted - 16 March 2010 : 09:38:11
Hi Melissa
Tribunal awards can be a bit complicated depending on what the award is for - as Richard P says it is better to get advice based on your specific situation before doing anything drastic.
As a generalisation, actions you have, and awards you are given in respect of personal issues, feelings, reputation etc are not usually claimable in a bankruptcy (subject to note below). A claim for unfair dismissal, I understand, is not claimable by the OR, but a claim for wrongful dismissal appears to be. A claim for redundancy isn't usually, but a claim for unpaid wages can be.
Obviously it all depends on the amounts involved, and, if the claim is for different elements, the amount awarded for each element of the claim.
However it should be noted that any award paid after the bankruptcy order could be claimed by the OR as after acquired property - the last time I looked into this I was told that, if the money stays in your bank till after you are discharged, os is only used to cover your basic living costs, it can't be claimed, but if you "change its nature" i.e. use it to buy a car for example, the car could be claimed as after acquired property - not sure I understand the logic of this, but that appears to be the OR's position
The short answer is - get advice first! |
| Richard P |
Posted - 15 March 2010 : 18:37:48
Hi melissa
If you go BR the OR will be entitled to all of the tribunal award
I would suggest that you try to hold off BR whilst the tribunal in ongoing, you may not even have to go BR
Please contact Paul at reviva so that he can help work out a strategy and keep your creditors at bay
you really need to obtain any expert help before you take any action I note that you have a court date for 2 weeks time, sorry I do not know your full circumstances but I can only offer cyber advice you really do need to contact someone soonest.
regards Richard |
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