| T O P I C R E V I E W |
| Almost there |
Posted - 11 November 2009 : 19:27:54
Hi, I haven't been on the forum for quite a few months now. Was BR in Jan this year and have 11 weeks to go before discharge. I was involved in a minor car accident on Sunday, it was a rear end shunt, other driver has admitted liability, I have some whiplash plus a bit of shoulder pain and the solicitor acting for the insurance company is going to put in a claim to the other driver's insureres for around £1000 as an injury claim. Will I be able to keep this money? It is quite possible that I may have to take sometime off from work because of it. I am told that this money is for anything I may need over the coming months. Could you please advice.
Thank you
Sandie |
| 12 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 27 November 2009 : 23:54:43
If it is before the BO then yes as it is part of the package of assets (or potential assets) that are passed to the oR. Even if you did not want to claim the OR has the right to although they probably wont |
| Skippy |
Posted - 27 November 2009 : 09:57:15
So do you have to tell the OR that you have been involved in an accident even if you don't plan to claim compensation yourself?
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
28 IPA payments made, 8 to go - in single figures! |
| debtinfo |
Posted - 26 November 2009 : 20:51:03
Yes it does, the relevent date is whether the accident occured before the bankruptcy, not when you start the claim, otherwise everyone would just wait until discharged.
When you go bankrupt the right to make the claim is part of the bankrupts estate that gets transfered to the OR. The OR will then decide if he she wants to take the case forward. If not the OR can either disclaim the right or sell it back to the bankrupt |
| Skippy |
Posted - 26 November 2009 : 16:02:37
I understand that, I was just curious as to whether compensation worked in the same way as an inheritance!
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
28 IPA payments made, 8 to go - in single figures! |
| gettingoutofdebt |
Posted - 26 November 2009 : 15:59:04
quote:
Originally posted by Skippy13
Am I right in thinking it would work the same way as an inheritance - if you become entitled to the money prior to discharge then the OR still has interest even if the payment is received after discharge?
Yes, any income during prior to discharge can be claimed afterwards so you could win the lottery 1 day before discharge, not receive the money until a week after discharge but the OR would still have a claim on it. |
| Skippy |
Posted - 26 November 2009 : 14:46:38
Am I right in thinking it would work the same way as an inheritance - if you become entitled to the money prior to discharge then the OR still has interest even if the payment is received after discharge?
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
28 IPA payments made, 8 to go - in single figures! |
| RHB |
Posted - 26 November 2009 : 14:21:21
The loss of earnings will be during the BR period though, so going slow won't make any difference. |
| Richard P |
Posted - 26 November 2009 : 11:39:03
Hi almost there
hopefully soon you should hear about your BR early discharge or completion of the process
in relation to the road traffic collision, and compensation for injuries this could take months for it to be resolved
speak to your solicitor and enquire how long he believes it will take to resolve, then without going outside time lines be slow at replying to letters.
I feel sure that you would rather the whole compensation to you rather giving some to the OR and trying to work out what is loss of earnings and what is injury based
hope that you are not in too much discomfort following the accident
regards Richard |
| chester2005 |
Posted - 25 November 2009 : 22:43:36
you don't apply for ED the Or does if he is finished with your case.
the insolvency service website has the register which you can check to see if you are discharged but i think you would have been informed had you been
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
RevivaUK helped me through it all i can't recommend them enough!! |
| Almost there |
Posted - 25 November 2009 : 22:24:06
Hi, I went BR on the 29th Jan this year, I was told that I would be automatically discharged after a year. However, after speaking to the person who dealt with my BR, he said he has dealt with many people who have gone BR after me and have been discharged. I have followed all the rules and wondered if it is worth applying for early discharge or should I now wait with just 9 weeks to go. Also, is it possible that I may have been already discharged and haven't beenn informed, stupid question I suppose, but I know they are all so busy at the moment in the OR office. Where do I look for this on the official bankruptcy site. |
| debtinfo |
Posted - 12 November 2009 : 00:17:30
Hi, yes you will be able to keep any money for pain and suffering. but you must inform the OR if you will be putting in a claim |
| chester2005 |
Posted - 11 November 2009 : 21:16:45
you are entitled to keep any money that is paid you for injuries received , but any money for loss of income is up to the OR to let you keep any.
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
RevivaUK helped me through it all i can't recommend them enough!! |
