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T O P I C R E V I E W
David
Posted - 22 March 2009 : 23:38:24 Could Melanie pick up on posting 6397 Veersix starting 20th March. I have put a response on the thread. Mr Guest seems to think that if you sign the acknowledgement pre bankruptcy and then go bankrupt they can pursue you for the debt even after bankruptcy. I don't think this is right but can you confirm please.
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Melanie.n
Posted - 23 March 2009 : 07:58:14 i have respoded on the thread David. I always advise client Not to sign anything. Incidentally,I have never come across a case where a former secured creditor has challenged the debt for payment in which a Deed of Acknowledgement has been signed prior to bankruptcy, but the wording of the Law could give creditors rise to challenge is they so wish, which I why I always recommend handing back any keys (by recorded delivery) if necessary, but not to sign anything. Incidentally this only refers to a surrender of the property prior to a bankruptcy order being made, if you voluntary surrender the house back following bankruptcy this will all be dealt with by the OR and the shortfall automatically coming into the bankruptcy. Hope this helps clarify things for you
Melanie Nicholas 28 years insolvency experience - 23 of which in the Insolvency Service - Insolvency Manager Jones Giles
