I am two years into Bankruptcy do I still have to pay over surplus money?

zombie

I was made Bankrupt end July 2008 I presume I was automatically discharged 12 months thereafter although I have not officially been advised. I mentioned this to the court and they said that I need to send them £60 for an official discharge notice.

The Trustee in Bankruptcy told me that there is a 3 year rule (irrespective of the 12 months automatic discharge) that I must pay any surplus funds like lottery win, inheritance, money gifts, windfall etc etc to the Trustee for the benefit of the creditors. After 3 years then I am no longer under any obligation. Is that correct, or am I being mis-lead?

Thanks for your help


zombie

JCS1

Are you under Scottish or England/Wales rules?

NittyGritty

were u given an IPA before your discharge? if so then yes i think its 3 years, however if you didnt have an IPA at any time leading up to your discharge then you dont pay anything,assuming your in england, not sure about scotland ,i dont think theres any need to pay the £60 to see if your discharged you simply check the insolvency registry online, type your name in etc and it will tell you when/if you were discharged

tigerfeet2006

NG, the persons name comes off the IS website after 3 months, so would not be on there. A call or letter to the previous OR/IP will usually result in a letter saying you are discharged if you ask nicely.

But first as JCS says we need to know if the OP is in England or Scotland.

zombie

JCS1 wrote: »

Are you under Scottish or England/Wales rules?

I live in England.


Thanks


p

zombie

NittyGritty wrote: »

were u given an IPA before your discharge? if so then yes i think its 3 years, however if you didnt have an IPA at any time leading up to your discharge then you dont pay anything,assuming your in england, not sure about scotland ,i dont think theres any need to pay the £60 to see if your discharged you simply check the insolvency registry online, type your name in etc and it will tell you when/if you were discharged

The Trustee in Bankruptcy did ask to see my proposed outgoings and income to ascertain what I would need to pay for IPA. He asked me about a month later I went B'rupt, but in actual fact he didn't persue it. In any event I was made redundant 5 months later from a £30K full time job. I told him I had left my job and have not heard from him since. I live in England.

Thanks for your reply and help.


zombie

confused76

well if you didn't get an IPA, as soon as you are discharged your finances are no longer relevant to the official receiver and any money you come into would be yours - unless it was a benefit underpayment from before bankruptcy, in which case you would have to let the OR know i believe. the same with regard to any sum due from a will. if the person died before you were discharged then the OR would be interested, if they died after then it is of no concern to them

NittyGritty

yeah if you werent given an IPA within that 12 months anything you earn you keep yourself, no need to tell OR anymore, apart from what confused said above regarding overpayment or underpayment of benifits etc during you bankruptcy, not apply to u tho i assume