I was made B.R. over £2k whilst living abroad. when I returned I brought a house [jointly with my wife]for £150K putting down 40K it was 3 month later that i found out that I had been made B.R. The O.R. placed a charge on my house which has restricted me doing anything with the house. I alo had 9k in the bank which the O.R froze and claimed. 18 month later and the 2K debts have been paid and have recieved money back (£200 !!!). now a fresh claimant has come forward for £3k even though it should have been included in my B.R. and the O.R. is now going after the house.. I now have Equity in the house of aprox £100k and he is asking for me to try and sell the B.I. (£50K) so he can settle this £3K debt. I am paying the Morgage off on a repayment basis.AM I wasting my money, as the repayment is adding to the B.I.
Hi P.C.T you should not have been made bankrupt in the first place.The petitioner will have originally issued a Statutory Demand at the court. As you were unaware of this and the demand could not have been served on you and you were unable to make a defence the court should not have ok'd the BR. I am sure you have grounds for the bankruptcy to be annulled. It's also possible you may be able to claim a refund from the trustee because of this. (the trustee is the body that has the £6.8K of your £9K which was claimed).You need the services of a Bankruptcy Specialist to deal with this. Brett England is an expert on this site whom I know has dealt with similar cases. You can contact him by clicking on the expert list where you will find the link to his website. From the info you have posted you may well be looking at quite a favourable outcome.
B I and positive equity of £100K
Posted - 01 August 2008 : 00:17:37
