Hello can anyone tell me went bk in june 08 got an ipa signed it without questioning things started paying ok.Then the csa got onto me as l had £8000 of arrears which l was apying off but my bank account was closed before l could open another and set up a dd for my payments.So after two months the cas contacted me to say because l broke the agreament l had to pay the whole amount explained about bk not intrested after much haggling got it down to £200 per month.So my ipa was then frozen as l had no supplus income as it is to this day.My question are when will my ipa end re bk in May 08 and also had a motorbike accident seven months after bk will have a perminant dissabilty in one hand been two years going to the doctors and things will be possible going to court within the next six months.Dont no what type of payout l will get but you no the question will l have to pay any of it towards my bk also l was discharged on the 19th feb 09 if that helps any.Great site by the way
Hi Ray, the following is an extract from the technical manual used by the OR regarding personal injury claims, which I'm assuming yours is:
31.9.37 Actions that are solely ‘personal’ do not vest
It has long been a principle of bankruptcy law that actions that are solely ‘personal’ (see paragraph 31.9.38) do not vest in the trustee and therefore they remain the property of the bankrupt It was held, in 1841, that, ‘Nothing is more clear than that a right of action for an injury to the property of the bankrupt will pass to his [trustee]; but it is otherwise as to an injury to his personal comfort. [Trustees] of a bankrupt are not to make a profit of a man’s wounded feelings.’. This principle still stands today.
On that basis, the OR(your trustee) shouldn't claim anything concerning a personal injury claim.
Big Al Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
Bankruptcy in May 2008
Posted - 27 February 2011 : 19:17:47
