Individual bankruptcy - creditor objections

beartsarah

Hi everyone,

I'm looking for some general advice. My ex boyfriend was basically a domestic abuser and conned and threatened about £25K out of me. I now have a county court judgement against him to get my money back but he is now threatening filing for individual bankruptcy so I get nothing.

I am not his only creditor but I represent about 90% of his overall debt. I am trying to find out if he does go down this route can I object?

I have proof of fraudulent claims he has made regarding his financial status and situation in order to secure money from me and a catalogue of 2 years of borrowing (well intimidating but there we go) money out of me on false pretences and in absolute knowledge he would not be able to pay it back as agreed. He has also just gone through a round of getting rid of everything he owns to stop anyone being able to take his assets to recover debts.

If he files can I put in an objection to an individual bankruptcy on these grounds? I can't find much information on it as it's auite a specific situation.

Many thanks

Sarah

bounce08

I can't tell you if it's possible to object to it but...

As I understand it, even if he is granted bankruptcy he will have to make an Income Payments Agreement/Order for 36 months to you anyway. This is obviously assuming he is employed. If he is employed he will have to pay anything surplus to you anyway (once his reasonable living allowances have been deducted).

Sorry to hear the way he bullied and intimidated you for money, sounds like a very tough few years. I hope you get somewhere with this.

kepar

bounce08 wrote: »

I can't tell you if it's possible to object to it but...

As I understand it, even if he is granted bankruptcy he will have to make an Income Payments Agreement/Order for 36 months to you anyway. This is obviously assuming he is employed. If he is employed he will have to pay anything surplus to you anyway (once his reasonable living allowances have been deducted).

Sorry to hear the way he bullied and intimidated you for money, sounds like a very tough few years. I hope you get somewhere with this.

Bounce I have read this in a few of your posts now and I am afraid that you are not understanding about IPA'S .
An IPA/O will only be payable if there is any surplus of funds after an agreed SOA between the br and the OR. That money will be paid to the OR via Moonbeever. After taking out costs and expenses etc any monies remaining will be shared amongst the creditors.
There is no way that the money will be paid to the OP as you are suggesting in this post.
Sorry to be putting you straight, but please read up on the issue.


As to regards the OP's issue of objecting, I am not sure if that is possible. If your ex goes br and has no money etc you will not see a penny, the other course I suppose is go to the Police and report him.
He may go to court, but it sounds in always your money is lost.

beartsarah

Thanks Kepar,

I was looking for a quick alternative to actually reading the bankruptcy act but ended up reading it anyway lol. Any creditor can object to a bankruptcy petition by a debtor on the grounds of dishonest and fraudulent behaviour to secure lending from anyone and it is at the courts discretion whether to have this separately investigated and stop the petition.

Unfortunately I went to the police, told them exactly what was going on, they said sorry it's been going on for two years, doesn't matter that he's threatening to kill you we can't do anything about it. But we will go and serve a harassment warning on him. He did a tit for tat and they served one on me with no evidence on me whatsoever except what he said, he then got one of his mates to call him repeatedly off a withheld number, told the police it was me, I was dragged in for interview under caution advised to accept a caution, refused to admit guilt forcing them to investigate it to discover the calls were made from an unregistered number located in Cambridgeshire (where he lives and 100 miles away from where I was at the time) and after 6 months finally dropped all charges against me (during 2 months I had the fun of 13 visits to my house from him as well, called the police every time and they turned up once). They then announced that they couldn't do anything about the repeated assaults in the last two years because it was now over 6 months since the last one despite me reporting it in my first complaint but might be able to charge him with sexual assault if I wanted to make a statement.

Don't ever bother calling the police they're useless lol.

Thanks for your input anyway and sorry for moaning a bit.... not been an easy couple of years.

PippaGirl_2

Gosh what a nightmare. I wonder if your x is related to my x?! Police were useless here too, both with x and with my neighbours who have vandalised our cars several times and written benefit claimant hater notes to us etc. & shout and swear at us. I sometimes think the police think things are not worth the paperwork so just don't bother starting anything.

I agree with Kepar that although you have a right to object to BR, in reality if he is insolvent it is unlikely to prevent the BR going ahead and being processed, worth doing maybe because if they do believe he acted inappropriately he may be issued with a BRO/U. If he does go BR it is unlikely you would receive any money as the administrative costs of BR are large and they get first go at the pot. He sounds wiley too, bet he would hide assets first. Hopefully he is just bluffing you, and wouldn't go BR. Hopefully he would realise the restrictions it would place on his life for years to come, it is not a small undertaking.
All the best anyway, hopefully you can move on.