Debts not included in bankruptcy

stevelinz

Hi,

I have some debts that I did not tell the OR when I went BR, old debts with a partner which i thought were settled and I have been discharged now for over a year.

I was told that they were included as all debts baring government fines, loans etc etc were the only ones not included as that was why the OR puts the notice in the gazette and local paper.

Can anyone confirm that I am right

Thanks

curly04

what kind of debts are they?

if they are just loans and CC then they should be included in the BR

skylight

Yes - you are right. All debts are included in BR (with the exception of a handful, like CSA debts, court fines etc) whether you tell the OR or not. It is why the OR places an ad in the Gazette; its the responsibility of the lender to check you out and not the other way round.

stevelinz

curly04 wrote: »

what kind of debts are they?

if they are just loans and CC then they should be included in the BR

Hi they are bank accounts and loans, My partner who was now 100% liable could be going bankrupt and the CAB told her that I was still liable which I said no to

skylight

Absolutely - your liability went into your BR pot. The CAB was either wrong or misunderstood your BR position. Either way, you are right!

selbygeoff

Is everyone sure that all debts are included in your bankruptcy whether you tell the OR or not.

I ask the question because I am in a postion where I'm being chased for a debt on a van which was used as part of my business (sole trader) yet when I told them I was BR they said that it wasn't part of the bankruptcy and I had to pay!

debtinfo

How many debts and how much are we talking about

stevelinz

Hi, I spoke to CCCS this morning and they confirmed that any unsecured debts that are covered under the consumer credit act will be part of the BR.

Thanks
Steve

JCS1

selbygeoff wrote: »

Is everyone sure that all debts are included in your bankruptcy whether you tell the OR or not.

I ask the question because I am in a postion where I'm being chased for a debt on a van which was used as part of my business (sole trader) yet when I told them I was BR they said that it wasn't part of the bankruptcy and I had to pay!

As long as the finance on the van was taken out prior to BR then it's included - and it sounds like they are trying it on.