Inheritance and bankruptcy

charley_babe

Thank you for your advice. I don't mean to get upset about things. I am just worried about so much and its all happening at the same time. I didn't see a judge when i went BR and I have been advised incorrectly by the people that did my BR paperwork (they told me it would be fine to pay my dad, great to go on holiday etc etc). If I'm being off its because i'm cross with them for lying and annoyed with myself for being stupid.

Btw, I was with my past employer for over 9 years before redundancy.
I don't care if I don't get anything from the tribunal, i want an apology for them throwing things at me and all the other things that went on. Getting any money would be a bonus as I can put it towards the BR.

kepar

Why do you want to put money towards the br????????????

charley_babe

I feel like i should and its the right thing to do.

This is no excuse but I have aspergers so I view things differently sometimes and don't always think things through properly and consider the consequences.

HOLIDAYMAD_2

Well you need to get the paperwork in a 12 week span from employment ending for a tribunal- im not 100 percent but pretty shore it was that, I went for a tribunal and its a farse, i worked for the government, i would say if you had a redudnancy payment unless you can show constructive dismissal you accepted the terms and condition of that employment ending.

What horrified me with the tribunal i could not summon people, yet the defendant ie my former employer could summon all and make me answer questions , yet they have the right to refuse to answer any questions.

Speak with AKAS they are very helpful.

Who gave you the advise and what did the clerk say if no judge was prescent.

What i will say its unusual today for litigation etc, for a hospital to give a time frame on suspected death ie actually to say under 12 months, so maybe speak with the professionals regarding your fathers needs and future care etc, if he is living in a property with no living spouse or has money in a sole accounts that is above the threshold then it can become subject to costs even if the property is not sold , a charge is put on it for a future sale.

With your interview answer the question and keep stum, they can come back and ask more if they need to, they will ask for events leading up to being insolvent etc and any high level loss or passing on funds.

Creditors are the last one to get monies its the OR that gets the most for their cost in the administration of such and an annulment is far higher than the original debts to take into these massive costs.

Flyright

As a bankrupt you cannot pursue any such claims as all rights of action now vest in the OR.

debtinfo

Flyright wrote: »

As a bankrupt you cannot pursue any such claims as all rights of action now vest in the OR.

really, are you sure that ALL rights of action vest in the OR, thats a very sweeping statement

Flyright

Yes, fair point..but the action here should be disclosed to the OR so that a decision can be taken as to whether the rights do vest.

debtinfo

Flyright wrote: »

Yes, fair point..but the action here should be disclosed to the OR so that a decision can be taken as to whether the rights do vest.

Absolutely, it is for the OR/Trustee to decide if the claim vests

here is a start for the OP

31.9.160 General principle regarding employment claims
It is a general principle of insolvency legislation that an employment contract (one that requires the bankrupt to provide his/her skill and/or labour) cannot vest in the trustee in bankruptcy. The trustee cannot carry out the role of the bankrupt, nor can he/she force the bankrupt to remain in the job and any right of action arising from that contract must remain personal (see paragraph 31.9.37) to the bankrupt URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part9/part8/part%208%20notes.htm#6"][COLOR=#0066cc]note 6[/COLOR][/URL.
Where the contact has ended (whether by termination or conclusion), any right to claim under that contract would vest in the official receiver, as trustee.
Most employment claims tend to be as a consequence of the bankrupt’s dismissal from a job and the ending of the contract of employment. Not all claims for dismissal vest in the official receiver, as trustee and to decide whether a claim for dismissal vests, it is necessary to decide whether the claim is one for unfair dismissal or wrongful dismissal.

debtinfo

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part9/part8/Part%208.htm

charley_babe

debtinfo wrote: »

really, are you sure that ALL rights of action vest in the OR, thats a very sweeping statement

So the OR will rule my life? in every single aspect?