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T O P I C R E V I E W
rcutler
Posted - 08 May 2009 : 20:56:10 Hi, i recently made myself bankrupt. there is however one loan that appears not to be so straight forward it getting rid of. during my divorce there was a court order relating to me paying half of my ex-wifes loan of £25,000 at a rate of £135 per month. the solicitors letter with the proposals for the court order said how the payments were for a loan which was in her sole name whcih was what i had signed for her solicitors to prepare the court order. the court order however just states ' aperiodical payment of £135" without stating the fact it is for a loan. Given that the solicitors letter proposals requesting my signature for confirmation of the court order proposals confirmed it was for a loan however the court order did not, this seems to be causing the official reciever to think i still have to pay it. is there any advice you can give me? it stings even more as the loan was for all of her debts but as i did not have solicitor during the divorce i seem to have been a bit 'done'! Many thanks, Nick
2 L A T E S T R E P L I E S (Newest First)
John
Posted - 09 May 2009 : 13:04:58 Hi
if you were ordered by the court to pay 50% due to the fact that it was deemed that you benefited in any way from the funds then I would suggest that your subsequent responsibility to pay since the court order began could be written off in bankruptcy.
I would seek advice from a divorce lawyer as it is more a divorce matter than an Insolvency one.
"Can a court order to pay, in part, towards an ex spouses debt, ordered at the time of divorce, be overturned in the event of the payee declaring bankruptcy?"
I'm not surprised the OR is not sure so I would do your own research if I were you as there is no guarantee that the OR will get it right!!!
John White England Jackman & Spacey
gettingoutofdebt
Posted - 09 May 2009 : 09:59:56 I'm not too sure about this one but I will bump the post back up to the top so an expert can take a look.
I think that if there is a joint loan and one person declares BR then the other person is liable for the complete loan. If that is the case then you shouldn't need to make any repayments and your ex-wife would be liable to pay the remainder of the loan off.
