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WT71
Starting Member
22 Posts |
 Posted - 12 August 2009 : 17:23:49
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| Can an expert help me please! I have had my interview with the OR. When i issued my SOA the CAB told me not to include the money owed to a relative which was in the region of £17K. They said as this is not a legal contract it did not have to be included. They advised me to put a sum of money in my outgoings section under a heading of family liability as the relative is retired and may be I could continue to make this payment. The OR has told me that this could have been included in my SOA but will not allow me any monies to repay this debt. My question is - Can the OR request that the money I have paid to this relative gets returned to them??? |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 12 August 2009 : 18:45:23
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| If you have paid your relative and not paid your creditors then the OR 'could' ask for this amount to be repaid to them (i.e. you don't pay your creditors for 2 months but still pay your relative) as this would be favouritism. If you have paid all of your creditors, including your relative, then there shouldn't be a problem. |
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sjbyron
Average Member
United Kingdom
746 Posts |
Posted - 13 August 2009 : 00:29:48
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Hi
It can be looked on as fraud, as your stating that you cant pay your creditors, but can and have paid your relative.
In the end of the day to the eyes of the OR and the other creditors, your relative is a creditor too,and would have to be including in your Bankruptcy estate.
The only way to pay your relative is from your available disposable income.
I Doubt the OR would ask for monies back as they could, in theory, ask for the same back from the other creditors.
Could you ask your relative if they would accept a reduced or no payment for the lenght of the bankruptcy.
Its difficult to deal with debts, as we feel we have a moral obligation to our relatives.
Best of Luck
Stu J Byron |
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WT71
Starting Member
22 Posts |
Posted - 13 August 2009 : 08:58:38
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| Thanks for the responses. I have paid the creditors and my relative all of the time apart from the last 3 months. My relative would be happy to accept a reduced payment so hopefully that would resolve the issue. Would I have to list my relative as a creditor or could I ask to have that debt left of off the list? |
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sjbyron
Average Member
United Kingdom
746 Posts |
Posted - 13 August 2009 : 17:07:51
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Is the OR aware of the relative? They are a creditor so should be listed as an unsecured creditor,
Stu J Byron |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 13 August 2009 : 20:35:56
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Your relative is a creditor and should be listed as such.
You should not prefer your relative over any other creditor now.
The glimmer gets brighter all the time
Jan
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 13 August 2009 : 20:53:05
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I can't believe that the CAB told you not to list your relative! All creditors must be listed on the SOA.
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/
25 IPA payments made, 11 to go - on the home straight! |
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Expert Help Please!
