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| abbie9 |
Posted - 28 December 2010 : 21:16:50
My ex went bankrupt, we did own a house together, but the realtionship wasnt to good. However he fell ill i felt sorry for him decided i would try again. I bought another house he moved in with me, but it didnt work. During this time an extension wa biult with his funds, ut he owed me money. now the official reciver is looking into my house, what are my rights. |
| 2 L A T E S T R E P L I E S (Newest First) |
| Bigal4787 |
Posted - 29 December 2010 : 13:02:37
Hi Abbie,
the angle that the OR may be looking at, is:
1. By your ex funding the extension, the OR will be considering whether he put assets beyond the reach of creditors, by using it in this way.
2. As you state, your ex also owed you money, therefore they will also be considering his funding of the extension as what is called a preference payment to a creditor(preferences to relatives are viewed more serious than those made to banks etc).
So one thing is that they may be looking at obtaining a BRO for your ex because of the above, but they may also be looking at recovering the money he provided for the extension from you.
However whether your ex has any beneficial interest(which is what the OR may also be looking at) has to be weighed up by the contributions he made, which I can't advise on,but the link to the following cases(Burns v Burns, Gissing v Gissing)on this subject may help:
http://pntodd.users.netlink.co.uk/cases/cases_g/gissing.htm
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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| Viki.W |
Posted - 29 December 2010 : 08:47:23
Hi Abbie9, welcome to the forum.
Can you please post a bit more info regarding when this was and amounts involved, or give one of the experts a call for a chat.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/ |
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