forgotten about?

bewilderedhelpneeded

My bf was made br in April 2013. He attended OR office and they went through forms he had completed etc. As my bf was in process of selling former marital home and receiving sum of money OR seemed quite content that money would be available to pay off debts.

OR has made no contact with my bf since apart from sending letter a couple of months ago to say he could keep his work van. My bf has since opened Barclays account so solicitor can pay in his share of equity from house. Is there anything to stop my bf drawing this money out immediately and if he did so how would OR go about getting it back to pay off debt? My bf state of mind at the moment is that he is going to draw it out and stuff it under the mattress so it cant be touched. Im desperately trying to persuade him it isnt sensible to do this and he needs to pay his debts off but I wondered what would happen if he did draw money out before OR could get it and bearing in mind he only had one letter contact since being made BR and that was about his car do you think he has been 'forgotten' about?

Im desperately worried about implications of what he is thinking of doing

TheGardener

Hi - Well one thing is for sure, he most definitely wont have been forgotten about! Unlike many 'officials' the OR is pretty economical with correspondence and I would guess they are just waiting for the solicitor to inform them (which they will) that the money has been transferred to your bf's account and then they will be in touch to make arrangements to collect it.

If you bf withdraws the money in an attempt to evade the OR the consequences may be very serious. For a start it would be breaking the law and a BRO would be almost guaranteed - imagine having that hanging over you for up to 15 years!

I know it can be hard to accept BR sometimes, especially if your bf feels he is in some way entitled to keep something he has worked hard for over the years but try and persuade him to work with the OR and move forward and make a fresh start - one that doesn't involve a criminal record or a BRO. Good Luck

bewilderedhelpneeded

TheGardener wrote: »

Hi - Well one thing is for sure, he most definitely wont have been forgotten about! Unlike many 'officials' the OR is pretty economical with correspondence and I would guess they are just waiting for the solicitor to inform them (which they will) that the money has been transferred to your bf's account and then they will be in touch to make arrangements to collect it.

If you bf withdraws the money in an attempt to evade the OR the consequences may be very serious. For a start it would be breaking the law and a BRO would be almost guaranteed - imagine having that hanging over you for up to 15 years!

I know it can be hard to accept BR sometimes, especially if your bf feels he is in some way entitled to keep something he has worked hard for over the years but try and persuade him to work with the OR and move forward and make a fresh start - one that doesn't involve a criminal record or a BRO. Good Luck

Whats a BRO please? Trouble is most of the debt in the BR was built up by his ex and my bf feels bitter that he will potentially get nothing from sale of house and he is paying her debts. Ive tried to reason with him and get him to draw line under it and take this as opportunity to move on but at moment he is sticking his head in the sand. How will OR know house has been sold as he never asked which estate agent was selling it or who solicitor is. Solicitor gave bf a figure today of how much he will get which is when he said he was going to draw it all out and put under mattress so it could not be touched! Im horrified

TheGardener

How hard would it be for the OR to put your bf's address into Zoopla and find the agent?

From the IS website - If the official receiver considers that a bankrupt has acted dishonestly, or is blameworthy in some other way, they will report the facts to the courts and ask it to make a bankruptcy restrictions order (BRO).

A BRO is a court order imposing certain restrictions on a bankrupt for a set period between 2 and 15 years. A bankruptcy restrictions undertaking (BRU) has the same effect as a BRO but does not involve going to court. They have been introduced to ensure the small minority who are reckless or dishonest are subject to the restrictions for between 2 and 15 years.

A breach of a BRO or BRU is a criminal offence and may lead to a criminal penalty such as imprisonment or a fine. - See more at: http://www.bis.gov.uk/insolvency/personal-insolvency/bros-and-brus#sthash.JonbT67i.dpuf

Its not about whether your bf tells the OR, its about the fact it is against the law. Perhaps if he reads some more about it or maybe contacts whoever he took advice from when he went BR is might help? Did he work with any of the debt charities like StepChange or DebtLine?

debtinfo

unfortunately a BRO/U is the least of your problems here, theft of money from the bankruptcy estate is a case of straight to criminal prosecution, do not pass go. and that carries the possible penalty of prison and fines.

dojoman

debtinfo wrote: »

unfortunately a BRO/U is the least of your problems here, theft of money from the bankruptcy estate is a case of straight to criminal prosecution, do not pass go. and that carries the possible penalty of prison and fines.

Nice to see you back on here DI

bewilderedhelpneeded

Ok think im going to show him these responses to see if it makes him realise seriousness of situation.