No way out from Bankruptcy....beware

Jane61

Thanks to radiantsoul. Whilst I appreciate that some may have abused the law/Trustees...I haven't. The judge in that article obviously doesn't look at the whole picture in some cases.
And thanks to Nick25....Bitter of course I am...the ex has moved on and yet again created more debt. He has managed to get married and divorced and getting married again. He has managed to get mortages at least 3 times when his name was on mine and now to top it all I saw today his house is on the market. So where and when does he become accountable for things.
How can I move forward? I daren't buy a house or get a mortage myself just in case. The only way out of this is to make me into a fraudulent criminal by putting a house in someone elses name and I 'rent'!!
I have never owed a penny to anyone except for my mortgage. I might as well get 10 credit cards...credit myself up to the hilt and then go bankrupt again!!!! Is this the fair way out of this seeing as thats what the ex has been doing for more than a decade?
And I haven't got any bricks anymore...just a large door wedge of useless solicitor papers
And thanks to Sniggering... I can and do only think of the money. Myself and my children have been robbed by this man and the law is on his side. When I thought this living hell was going to be all over last june I now have this hanging over us for what seems like an eternity.
I was 33 when he walked out on us...I'm nearly 48...by the time this is over I'll be into my 50's...How on earth can I move on and meet someone else knowing full well that if I was to get a life I may put him and his/our home in jeopardy

Jane61

And Radiantsoul...what does 'quasi-secured debt' mean?

Jane61

what does 'quasi-secured debt' mean?
Thanks for your help...it seems my sitiuation can't be changed. I'm stuck at home with my mother and daughters...seen a house that would make us a lovely home and I can't move on

iquit

Hi Jane61, I really sorry to hear things do not seem to be getting any better for you. I understand completely all the negative emotions you're going through thanks to your ex. I am going through similar, just without the added difficulty of children to care for. My ex swanned off with another woman, did to me what he had done to his ex i.e leaving us drowning in his debt whilst he started a new life on a clean slate. I hear he's living abroad now with another woman enjoying the fruits of my labour. I wish I knew a way out of this for you, I can only wish you the best and pray that this all clears up. On my little journey I've learnt to let go (it hasn't been easy) and try to focus on me. I leave his comeuppance to Karma coz I believe she's a bigger b1tch than I am:rotfl::rotfl::rotfl:

debt_doctor

Hi,

Am I right in thinking that your fear is that if your ex goes BR again within 5 years of the original 'transaction at undervalue' that a 'new' trustee would look trying to raise that money once again ?

I think it was peachy who said it earlier, and I agree, in that this transaction at undervalue has been resolved ie monies were provided to adjust the inbalance, therefore there no longer is, nor ever can be again, a transaction at undervalue on this matter.

What you certainly have ben a victim of is the insolvency law V matrimonial law battle that has been waging for some time and has been widely accepted that insolvency law wins the day....... until recently. I am aware in the back of my mind that there has been a fairly recent case where matrimonial law won the day and I will try to find out this at work next week. I also think I have a helpline somwhere that specialises in this issue, I'll dig that out too.

Best

DD

Lensman_2

DD - I don't know much about the law but was it Hill and Another v Haines?
http://business.timesonline.co.uk/tol/business/law/reports/article3036889.ece

debt_doctor

Lensman wrote: »

DD - I don't know much about the law but was it Hill and Another v Haines?
http://business.timesonline.co.uk/tol/business/law/reports/article3036889.ece

Hi Lensman,

That is just the sort of insolvency / matrimonial law battle I was reffering to. That appeal held that so long as there was no collusion between the divorcing parties to deliberately remove assets out of reach of creditors knowing that the 'losing' party is about to go BR then the divorce clean break settlement should stand.

What im not sure about is what appeals have been upheld since that time. It is a fast moving area of law.

DD

Jane61

Big thanks to Lensmen and Debtdoctor
Can you both look at this link that radiantsoul sent me and see if I have a chance of either winning in court if it had to go (I'm really not up for the stress/heartache and the solicitors fees for that)
Can you put it into layman terms for me please....Can I move on and buy a new home for us and not be worried or do I have to stay in the possition I'm in now?

Jane61

Does it mean I can be finally free?

debt_doctor

The link to the appeal hearing that radiantsoul sent you was the same case back in May 2007 that was later overturned by an appeal in December 2007 that Lensman provided.

If there are no appeals since that time then the DEC appeal stands, and interestingly gives you the very real prospect of regaining the 40k you paid to put right the undervalue from the trustee. ( im sure thats a bit too much to think about just now!) Your clean break settlement monies may well have been unlawfully taken from you.

Either way I dont see anyway that anyone can ever come after you should your ex go BR within the next 5 years.

DD