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Family Member Made Bankrupt - No Contact 11 Months Later

A close family member was made bust in November last year for a large amount of money (Scottish courts)

Due to their age and assets involved my Lawyer filled out all documentation sent by his trustee as soon as it arrived. He contacted us and told us that the trustee had lost all the info but luckly he had copies which he resent once again.

My family members 1 year bankruptcy is due early next month and as nothing has happened I am unsure about what they can do after the release date

My lawyer is on holiday until Tuesday so I was wondering if anyone here has been in the same situation and if they can still be chased?

Comments

  • now
    now Posts: 851 Forumite
    facebook wrote: »
    A close family member was made bust in November last year for a large amount of money (Scottish courts)

    Due to their age and assets involved my Lawyer filled out all documentation sent by his trustee as soon as it arrived. He contacted us and told us that the trustee had lost all the info but luckly he had copies which he resent once again.

    My family members 1 year bankruptcy is due early next month and as nothing has happened I am unsure about what they can do after the release date

    My lawyer is on holiday until Tuesday so I was wondering if anyone here has been in the same situation and if they can still be chased?

    have they not heard a thing ? Once the AD date arrives I think that is it, but may be not in Scotland. Somebody might be along in a min with the answers
    If you woke up this morning congratulations, you have another chance :j
  • hattybee
    hattybee Posts: 108 Forumite
    Your relative might not be told that they have been discharged. They can ask the Accountant in Bankruptcy for a certificate of discharge (costs £11). They may need this if they want to apply for a new bank account, a mortgage, credit agreement or loan.
    The bankruptcy does not automatically finish when they are discharged. It will continue until the trustee has done everything they need to - sold all assets and paid the money to the creditors.
    If there are complicated legal matters, this may take several years. Your relative will be notified when their sequestration has been finalised and the trustee is applying for their own discharge.
    Once your relative is discharged, they no longer have a personal liability to repay debts, which were included in their bankruptcy and their pre-bankruptcy creditors will not be able to take any legal action against them to recover their debts.
    There are however a few exceptions to this e.g. fines, social fund loans, foreign debts
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