How do I get discharged?

banda78720

I went bankrupt in 1999 and believe I was discharged in 2002. I have been advised of that verbally but never in writing. I became aware that assets remain under the control of the Trustees and sure enough I fell into some 'loophole' - their word not mine - which led to them putting a charge on my house and taking all the sale proceeds less the first charge mortgage.

They were looking for about 234k with all the interest etc. and the house yeilded them about 160k. I also declared a Turkish holiday property at the time of the bankruptcy meeting with the OR but they have never pursued this. It has a value in todays market of maybe Euros 20k.

I expected a letter saying that I had paid for my sins and could now get on with my life even though very little to get on with.

I am 54 but have arranged a new mortgage and signed on a house which I will put in my wife's name as she was never party to the bankruptcy. I would like to make it 50/50 but who do I write to please to get evidence of my discharge in writing? Also.....if that is forthcoming is that the last I will hear of the Trustees or can they keep trying to make my life a misery for the heck of it. The woman at the Trustees sure made it personal saying that she could put me in prison if I did not co-operate and that she controlled my life. We had a face to face meeting some almost two years ago and she obviously relished her job.

Some friends say keep your head below the parapet and some say go for the discharge in writing. Any advice please and seasons greetings to all.

skylight

http://www.insolvency.gov.uk/eiir/IIRMasterPage.asp

Try there for a start. If you haven't been discharged, then you should still be there.
Then its back to your official reciever I'm afraid as a starting point. These days, you can apply to the court for the confirmation certificate, but not sure how it works from BRs pre-the 2002 act.

And your trustee was talking twadle about prison. Silly woman.

JCS1

Prison would be extreme and if:

• You did not cooperate
• Went to court to make you cooperate, i.e public examination at court where you would really do an interview in court or promise to give full details at fixed date and time
• You then do not cooperate, and are in contempt of court, and then may be sent to prison

All very unlikely though.

banda78720

I would like to thank JCSI and Skylight for their helpful and constructive comments.

I checked the link provided by Skylight (I am sure I have done this before some years ago) and my name does not appear in any office or any court in England or Wales. I know that it was Croydon and Croydon Court also but checked elsewhere as recommended for good measure.

I hope that I am correct in assuming therefore that I was discharged in 2002 as previously advised but never received anything in writing.

Therefore do I need to go back to the OR's office now Skylight or the court? Any further tips gratefully accepted. If I am discharged I believe I am correct in assuming that the Trustees have no claim on any assets I acquire since the time of bankruptcy?

I know this is a confusing subject and the few friends that have been through the same basically say NEVER TRUST any official as they are most certainly not sympathetic in any form.

banda78720

....as for that bit about the Trustee threatening me with prison it never ever reached anywhere near that stage. I am aware that to not cooperate would be contemptuous.
Nonetheless during the meeting she convened at my house in France (arriving with her husband whom we insisted wait in the car) she took glee in advising me that SHOULD I not work with her she had the power which she had in fact used previously to imprison a bankrupt solicitor who (according to her) was too clever and thought he could outfox the law. Take it from me this Trustee is bitter and twisted. Even their legal counsel (Trustees are accountants) were happy to accept a proposal I made but no......she dug in and came for the jugular.
I was generally too much in angst at the time to take any action (probably could not have done anyway) but surely this is at best unprofessional and people should be warned. I have been around the block a few times but many could feel themselves seriously threatened by this sort of verbal attack.

fiveyearplan

Hi Banda,

If you are not showing on the IS site I would think you were discharged. These days bankruptcy lasts 12 months with an automatic discharge. Did you get a BRO (Bankruptcy Restriction Order)?

In any event it sounds like very unprofessional conduct of your trustee - why did she bring her husband in the first place - glad you made him wait in the car.

banda78720

fiveyearplan - thanks for the advice. To the best of my knowledge I did not receive a BRO but I was living overseas at the time and mail (not that there was any to my knowledge) was sent to my parents UK address.
If I did not get one is that good or bad as not familiar with the term?

JCS1

Trustee sounds awful - there is a way of dealing with people, I found kindness and understanding got the information I needed, and only if that didn't work, would then mention Public Examination at courts - would never mention prison though.

You could make a complaint about her, though to be honest not sure what they would do this long after.

fiveyearplan

If it was normal for bankruptcies to last 3 years back then and you didn't get any restrictions then you would have been discharged in 2002 as you say. Even with any restrictions you would still have been discharged then. These days you don't get notification of being discharged but if you want one you can pay for it.

blind-as-a-bat_2

Prison??? cant remember where i read it but i doubt it, the last guy i read about who went BR for millions and then refused to hand over his accounts ended up in the courts and got a three month suspended sentence:rolleyes:

your trustee wants to get off her power trip, she cant put you in jail, only a judge can do that, and she would have to make one hell of a case for one to do that seen as there is no room in the prisons :rolleyes:

maxmycardagain

you should be able to get a certificate off the court showing discharged but its £60 i wasnt gonna spend myself.