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 Hi,My partner and myself were made bankrupt
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Average Member

511 Posts

Posted - 19 September 2009 :  14:27:38  Show Profile  Reply with Quote
in effect, she lent you money (the fact that she had to get a loan to do this is neither here nor there) and you have been repaying her and not other creditors, I suppose the OR may be entitled to ask for this money back

Hindsight is a wonderful thing, but really you should have either paid all your creditors a token payment or paid none of them
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Starting Member

13 Posts

Posted - 19 September 2009 :  16:48:55  Show Profile  Reply with Quote
I did not list this on my original petition for bankruptcy form as one of my creditors, as i assumed that this would not be allowed as the loan was in my mothers name. The only evidence of these payments are on my bank statements which the OR will see. What would happen if I advised the OR that theses paymnets where towards childcare costs as my mother picks my daughter up once/twice a week from nursery and has her two days a weeks looking after her.
I know this is wrong, but My mother hasnt got the money to give back.

Really stressed and still panicking!!

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Senior Member

1159 Posts

Posted - 19 September 2009 :  17:52:03  Show Profile  Reply with Quote
If she hasn't got the money to give back then she can't give it back. Personally, I wouldn't start telling lies because you don't know where that could lead.
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Average Member

511 Posts

Posted - 19 September 2009 :  17:55:02  Show Profile  Reply with Quote
your mother is your creditor not the loan company as you borrowed the money off her, she should have been listed on your SOA as a creditor

All you can do now, to be honest, is just come clean to the OR and tell him/her everything, whats done is done and if you start trying to cover things up, this will just make them more suspicious and dig deeper
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Starting Member

13 Posts

Posted - 19 September 2009 :  18:03:54  Show Profile  Reply with Quote
Thanks for your advice its much apreciated.

How do they work out how much money is to be reclaimed.
Is it every payment that i have made to my mother since I stopped paying the rest of the creditors???

And if my mother states she hasnt got the money, what will happen to her.

Also how long would she get to pay the payments back if she was forced?
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