hi - my partner has recently died and his family are sorting out his affairs. we have ascertained that he owed money to a storage business which recently went into liquidation and the old manager has established a new storage business and my partners goods are being held by him. the amount due to the "old" bankrupt business is about £4000. the "new" business has indicated that they are only seeking their own invoice to be paid which is about £900. I am concerned however that the trustee in bankruptcy could pursue his estate for the £4000 debt owing to the insolvent business. the only asset due to the estate is a very small pension which his young son will be due to receive. his family are concerned to ensure that the pension is not eaten up by debts. if you can let me have some advice this would be helpful.
In general terms, the liquidator/trustee of the old storage business could make a claim on the goods being held on the premises - it would depend on the terms of storage, and it could get complicated with the new company also being owed money - it would also depend on the value of the goods being stored.
The liquidator/trustee could make a claim against your partner's estate, and outstanding debts have to be paid first before any beneficiaries, but if the executors explained the circumstances the liquidator may waive his claim
hi - my partner has recently died
Posted - 17 March 2010 : 19:04:06
