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| Gary.3 |
Posted - 06 August 2012 : 22:12:21
Hi All,
Asking this on behalf of a colleague who's managed to get themselves into a bit of a mess!
I haven't got all the details but here goes....
About 7 years ago he was declared bankrupt by a creditor whilst out of the country and he subsequently wasn't aware of the bankuptcy. When he returned to the UK he was still receiving letters from debt collectors and starting paying them (still unaware of the bankruptcy order).
Fast forward to today when all the creditors have been repaid and he attempted to obtain a new bank account only to be declined. After a bit of investigation, he discovered the bankruptcy petition and as he had not contacted the official receiver, the discharge has been suspended indefinately.
Firstly, what can he do to obtain either a discharge or annulment of the bankuptcy after all this time?
Secondly, what information is likely to be required? There is no record of any income as most of his money was forwarded from family abroad. |
| 11 L A T E S T R E P L I E S (Newest First) |
| Gary.3 |
Posted - 08 August 2012 : 19:49:29
He's in a fairly stable position with a regular income. I think he has some savings but not a huge amount.
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| debtinfo |
Posted - 07 August 2012 : 23:02:27
Year 2029 - Many of the creditors may not have been informed as the bankrupt will not have provided a statement of affairs, although they could have picked it up from the register or london Gazzete, so it is quite possible that the creditors might be oblivious to the bankruptcy.
Gary - Im afraid that it might not be that simple, he should not have paid the creditors directly and so that may need sorting out, there are also the various bankruptcy fees to be paid, what sort of financial position is he in now |
| Gary.3 |
Posted - 07 August 2012 : 22:19:38
Thanks, I'll let him know to contact the relevant OR.
Presumably a discharge should be straight forward?
Would the bankruptcy fall off his credit record quickly (over 6 years since declared) or will it stay longer because of the suspension?
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| year 2029 |
Posted - 07 August 2012 : 19:33:12
Skippy,
I've been contacted too during BR.
Which is my point exactly. If creditors can, why can't the OR??
Yet again, same caveat, we don't have all the facts
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
| Skippy |
Posted - 07 August 2012 : 19:26:11
I received letters and phone calls after I was BR so yes, creditors do still make contact.
View my blog at http://skippy13.blogs.iva.co.uk/
The more I have to do with humans the more I think that the world would be a better place if it was run by animals.
Last IPA payment made on 28th June 2010 and I'm now looking forward to getting married in September 2012 - I'm proof that you can go BR and come out the other side. |
| year 2029 |
Posted - 07 August 2012 : 18:57:48
Debtinfo,
For someone to come back, and pay all their debts off?
Is it correct they could get an annulment?
It does strike me as slightly strange that someone waits until there return to pay off their debts. As has been said though, we don't have all the details.
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
| debtinfo |
Posted - 07 August 2012 : 16:43:07
Yes, its fairly common for someone to be made bankrupt in their absence and to have to sort it out when they get back |
| year 2029 |
Posted - 07 August 2012 : 15:51:35
Well I'll third that, but have you heard of similar happening?
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
| debtinfo |
Posted - 07 August 2012 : 11:25:33
I can only echo what Niobe has said, that the OP needs to contact their OR straight away |
| year 2029 |
Posted - 07 August 2012 : 09:49:16
Hmmm, maybe debtinfo could shed some light on this?
It doesn't sound quite right, although as the OP says, not all the details.
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
| Niobe |
Posted - 06 August 2012 : 22:23:16
Hi and welcome to the forum.
I would suggest that he contacts the OR straight away to try and get his discharge or annulment sorted if he has paid his debts in full.
If he has proof that the debts have been paid in full then it shouldn't be a problem to get this sorted.
As to a bank account - is he on the electoral roll here now? If not then he will find it difficult to get a bank account.
Ascend may you find no resistance
Know that you made such a difference
All you leave behind will live to the end
The cycle of suffering goes on
But memories of you stay strong
Someday I too will fly and find you again
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