IPA - change of circumstances after discharge

kepar

Even so , all your creditors would have had to agree, even the one that forced the issue. I cannot see that they would have been happy.

I know you had issues around your br, but surely the rules still have to be followed. So you had no assets or equity in your property?
Because if you did then it could not have sorted in such a short time, or because of the circumstances they turned a blind eye and just closed the case.
If that was the case, a lot on here will feel hard done by, in that they feel that br was not their fault. I sympathise with your position, but surely rules must be followed.

Ineedaname

Re post#22, appreciate I got that wrong, it was the way you wrote about filling in the forms.

Post #21 - as I understand it the rules exist such that the ED process cannot be commenced until 3 months post BR. So someone bypassed the rules to get you ED at 3 months. I never said anything illegal was done, maybe there are contingencies in place to allow for extreme circumstances.

You do seem to have experienced quite a lot of uncommon scenarios relating to BR.

Ineedaname

You said it better than me Kepar - the 'blind eye'. I also agree, I have been through hell and back in my own way and my debt was built up as a result of having an undiagnosed mental illness. Going BR caused my health to decline too so surely I should have been given special circumstances ED? Better still, I shouldn't have had to go BR in the first place.

I keep going back to thinking OK, if the Police were involved etc. But if they were liaising with the OR then that would probably have extended things, not made them quicker.

Johnpj

kepar wrote: »

Even so , all your creditors would have had to agree, even the one that forced the issue. I cannot see that they would have been happy.

I know you had issues around your br, but surely the rules still have to be followed. So you had no assets or equity in your property?
Because if you did then it could not have sorted in such a short time, or because of the circumstances they turned a blind eye and just closed the case.
If that was the case, a lot on here will feel hard done by, in that they feel that br was not their fault. I sympathise with your position, but surely rules must be followed.

If the one silly creditor was, as an example only, 90% of the value of the total debt, then the other creditors would have been very annoyed with them. This is sort of right, I am not giving the exact details for obvious reasons. The big debter, had used the law to obtain an unfair advantage, again something I do not want to go into. The OR felt this one big creditor had wrongly used the rules, and ruined the chances of all of the "usual" financial creditors getting their money back. As I was paying them a small amount for years. The silly creditor did complain, oh my god did they, they even took the OR to court as well as myself, quite a few times. In the end they were barred from court as a vexatious litigant!!!!

The whole situation had been going on for many many years dont forget. The house had already been given back to the mortage company and sold at auction. This was following years of trying to save it with suspended evictions.. But circumstances occured which meant that the family had to move out, so we voluntarily gave the keys back.

I can assure you, no ruls were broken, in fact, quite the opposite. The rules were applied exactly, which was how the OR was able to help me.

I have never said the BK was not my fault, I of course had caused the initial problem, by failing to keep to my commitments. It was just deemed that I realy needed a break.

Johnpj

Ineedaname wrote: »

Re post#22, appreciate I got that wrong, it was the way you wrote about filling in the forms.

Post #21 - as I understand it the rules exist such that the ED process cannot be commenced until 3 months post BR. So someone bypassed the rules to get you ED at 3 months. I never said anything illegal was done, maybe there are contingencies in place to allow for extreme circumstances.

You do seem to have experienced quite a lot of uncommon scenarios relating to BR.

Firstly, the last point first. My whole situation was uncommon, and it went on for years. I did say in one post, that I spent so much time in courts that I should have paid rent.

With regard to the forms, well I both sort of petitioned myself and was made bankrupt. Long long story. Quick answer. The main creditor kept thinking I had hidden assets, based on my previous job. So after much court time, they got me into court with an oral means test, at which I then sarcastically drew up all the forms for bankruptcy, as if I was petitioning myself. The judge thought it was quite funny, as he could see I was telling the truth. The creditor then used the information from my forms as a basis for their forms and pushed the bankruptcy button.

As for the timescale, maybe the plan was in place to provide me with the break, to rebuild my life, at exactly the time it could have been actioned. No contingency was used, and no rules were broken. The sequence of events was very much exlained to me. To be honest it was the first time I felt someone had done something positive for me in many a long year.

philnicandamy

ED in 3 months eh??

love to know which office that was...although all this secret squirrel stuff is begining to get a little silly

Johnpj

philnicandamy wrote: »

ED in 3 months eh??

love to know which office that was...although all this secret squirrel stuff is begining to get a little silly

Are you saying I did not deserve it?

I have deliberately changed certain of the facts, dates, names etc, not because anything was done wrong, but because I could be identified by people who know some of my story. I am sure you would do the same.

There were no assets, they had been dealt with over the years for the benefit of my creditors. Full details were given to the OR.

The list of creditors and payments made to them was FULLY detailed and up to date. I had very recent letters from every one of the creditors, as I had written to each of them when this one creditor was attemtping to make me bankrupt. They gave their views on the situation and my conduct, some more detailed than others.

I had pretty much done the ORs job for them; apart from the usual background and hidden asset checks and searches etc.

The first thing the OR did was investigate my general story, and came back to me and confirmed that everything checked out. Including the full chronology of the court action with my silly creditor, and the fact they had been made a vexatious litigant. This step was important, as other court action being taken by this particular creditor had to be stopped, and reversed slightly, which required the co-operation of the OR office. This related mainly to certain things which were frozen which should not have been. Also remember I acted as my own solicitor/"council" more often than not, so I had more than one "hat" on.

Also, I have not disclosed very key information which was very relevant to the OR, but which would allow others to identify me.

Do you not think this went a long way to helping the OR, and also to give them confidence that I was hiding nothing?

philnicandamy

now where did I say that? nowhere in my posts I said you didnt deserve it

My case was very similar all paperwork sorted no assets & communication with receivers..I went the full term

I was only doing as you said in previous posts...asking a question?

Johnpj

philnicandamy wrote: »

ED in 3 months eh??

love to know which office that was...although all this secret squirrel stuff is begining to get a little silly

Sorry if I offended you. But your above quote was not exactly "friendly" was it, more sarcastic.

I never said you did suggest "I never deserved it", I actualy asked you a question!

Again sorry if I offended.

philnicandamy

Offended me? oh believe me i've had a lot worse in the 4+ years here...

Friendly? where did I offend? if you took offence to the quoted post then your in for a suprise a lot worse could await you on a public forum