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Refuse you the option to buy the BI?

script
script Posts: 718 Forumite
edited 16 November 2009 at 8:39PM in Bankruptcy & living with it
If your house has negative equity the OR will let someone buy the BI for £1.00.

And if the house is in positive equity again the OR or Trustee will let someone buy the BI at whatever the market value is.

However, could either the OR or Trustee refuse in the hope the equity may increase (during the 3 years they have to "sort" the house out).

Comments

  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes indeed they can, they are not obliged to offer it to you, and can wait the full 3 years before reaching a decision.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • rv99
    rv99 Posts: 16 Forumite
    But unless you have been less than honest with them they are happier to clear thire desks......unless anybody knows of cases where the OR has gambled on the market?
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Perhaps in the past, but with the recent drop in house prices and the potential for them to rise within the next 3 years the OR/trustee has a very good reason to not offer the BI.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • script
    script Posts: 718 Forumite
    Thanks everyone.

    I agree that with a "sluggish" housing market - they are very likely to offer the BI.

    But it's best to be aware that technically they don't have to.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    As the others have said there is no legal requirement but it is part of the standard procedure to offer it at the first opportunity. One of the most common reasons for the OR not to sell the BI when requested to do so is when there is a dispute who to sell it for instance where there is a family breakup and there is an argument who to sell it to they could refuse to sell it to either party
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
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