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| T O P I C R E V I E W |
| sophiak_121 |
Posted - 26 February 2009 : 17:07:33
If a creditor in bankruptcy gets paid twice for the same debt is this classed as theft or fraud. I have proof that the creditor who petitioned bankruptcy received payment from the trustee in bankruptcy and he also received payment from my solicitors who arranged remortgage. We had to remortgage to pay off the trustee in bankruptcy, but did not know that the creditors money would be included in the funds received by the trustee, we then had to raise further money by remortgage to pay the creditor again, so in fact he has been paid twice. What can we do against this creditor please? |
| 4 L A T E S T R E P L I E S (Newest First) |
| sonia |
Posted - 28 February 2009 : 10:24:34
Thank you John for your good advice, I was made bankrupt in 2000 and discharged bankrupt in 2003. I paid the trustee in 2005. So I am no longer bankrupt and how can I get this bankruptcy annulled, I have been discharged already.
Also the creditor in bankruptcy is the one who received payment twice, I could ask the solicitor who made the overpayment, but I know that the creditor is guilty of accepting this double payment and need to know if there is any action that I can take against him please.
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| John |
Posted - 27 February 2009 : 21:19:27
Hi Sonia
if the creditor was paid in full by the trustee and again in full by the solicitor then you should claim the monies paid by the solicitor back from the solicitor. The solicitor should then make a claim against the creditor.
As before, if the creditor has been paid in full, and so has the trustee, then your bankruptcy can be annulled.
John White
England Jackman & Spacey |
| sonia |
Posted - 27 February 2009 : 13:42:59
Thanks John for your reply, but I only had one creditor. This creditor had applied for my bankruptcy, The trustee paid him my bankruptcy debt from the money he received, and on top of this my solicitors who handled my remortgage also paid him a further payment.
So I know for a fact that this creditor has received two payments for one debt. One from the trustee and one from my solicitors,
Is this a case of fraud or theft on behalf of the creditor or are my mortgage solicitors to blame for not advising me correctly and making another payment to the creditor? |
| John |
Posted - 27 February 2009 : 08:39:32
Hi
you should explain the situation to the Official Receiver's office dealing with your case (not the IP/trustee).
If this creditor has had double the share they are entitled to from your estate that amounts to a preferential payment. Moreover, if this, and the other creditors, have been repaid in full and the trustee received their fee then you are in a position to apply for an annulment.
If they have not been repaid in full but all of the monies recovered from you formed part of your estate then any such investigation would only benefit the other creditors and not you.
John White
England Jackman & Spacey |
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