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nickyb
Starting Member
9 Posts |
 Posted - 13 November 2010 : 20:51:23
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I went bankrupt 18 months ago after being unable to fight a law suit by someone who’s parents owned a law firm. After my date of bankruptcy the suing parties solicitors put a charge on my home for somewhere in the region of £40k. I thought that the whole purpose of my bankruptcy was to avoid this. Now the official receiver has told my wife that if she buys the beneficial interest, she will have to deal with any outstanding charges on it. Surely not??? One internet help forum told me that after my bankruptcy, this shouldn’t have been possible??? I look forward to your help.
Best Regards,
Nick
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RHB
Senior Member
1159 Posts |
Posted - 13 November 2010 : 22:02:41
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| I think it would mean going back to court to sort out the charge. What was the law suit for? |
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nickyb
Starting Member
9 Posts |
Posted - 13 November 2010 : 23:10:15
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| I sold my company, foolishly never read the contract that the purchaser drew up, how stupid. There were several clauses that they found were in breach about 18 months later after they had run the business into he ground. They issued suit against me for £110k even though the business was sold for £50k. Then discovered the family own a big law practice. I learned from a previous law suit that sometimes its not about right and wrong but more who can afford to go on the longest. i had won that law suit at a cost of £171k and didn’t have the will or the money to fight this one. I went bankrupt. Then weeks later revived a letter from the land registry to say they had just put a charge on my house. On another forum someone told me that that couldn’t be done or could easily be removed because that’s now things should work. However my wife received a letter today to say that if she bought my BI she would then be liable for any charges over the property? |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 14 November 2010 : 01:00:03
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Was the £40k an unsecured debt, and included in your list of creditors when declared bankruot?
If it was declared in your bankruptcy then they couldn't put a charge on the property post bankruptcy, however if they were appointed as trustee then they could, as solicitors normally work in tandem with IP's.
Big Al |
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debtinfo
forum expert
2826 Posts |
Posted - 14 November 2010 : 01:10:35
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| correction they shouldnt be able to, this happens quite often when no one tells the judge in the Charging order case about the bankruptcy, what the OP may need to do is to apply to get the Charge set aside |
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RHB
Senior Member
1159 Posts |
Posted - 14 November 2010 : 07:50:56
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| Did you go bankrupt deliberately to avoid the law suit? |
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nickyb
Starting Member
9 Posts |
Posted - 14 November 2010 : 11:29:33
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| In answer to above, no, I fought the law suit for 18 months and ran out of money. having wasted £170k plus four years earlier and winning a law suit with nothing to show for it, I decided to go bankrupt was the best option. Thaks to everyone for their posts, Im goign to contact the OR tomorrow. |
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RHB
Senior Member
1159 Posts |
Posted - 14 November 2010 : 12:53:42
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| Sounds like a good plan, if the debt was prior to bankruptcy then it comes under your bankruptcy order. |
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Beneficial interest on house with a charge attache
