query as a creditor

JoeHel

Looks from the paperwork like they expect NOTHING to come out of the estate. He's well and truly squirelled everything away....

So we have to choose whether to instruct our own solicitors and throw good money after bad I guess.

I'm sorry but I can't believe this is allowed to happen.

Is there any sort of government assistance programme whereby people in my OH's situation can receive any compensation monies in this kind of situation? clutching at straws now.

All I know is if it's true that what goes around comes around then this guy is in for a bad life... I have never been so mad with anyone in my entire life...

fermi

It does sound pretty crr@p.

As I said, I would contact his OR and say that you wish someone senior to clarify the legal position of the debt.

Point out that you believe that the 'Insolvency Act 1986' states that a debt owed due to a personal injury claim is a 'non-provable' debt, and that therefore the bankrupt will not be released from the debt when he is discharged.

You might be able to get a definite answer from the horses mouth that way.

fermi

Plus I'll try and see if I can dig up some case law on this and second opinions from people in the know.

This is really bugging me because it is all so damn unfair.

JoeHel

thanks fermi. I'm off to bed now too 'cos my head hurts!! I'm going to see if a couple of lawyer friends can advise.

For now I'm gonna concentrate on paying off the debts we hoped to clear with this award. Then I'll have £1,500 a month to save, to take him to court again in a couple of years if necessary...

fermi

blind-as-a-bat wrote: »

If He's well and truly squirelled everything away as you say then once discharged it will all soon return. Its gonna be a waiting game but you have all the info to make HIS life hell

Just one question though to fermi really if the 'debt' is not provable does the OP have to wait till discharge? mortgage and secured loans companys dont and can hound a BR till they agree to pay so cant the OP do the same maybe even taking prioraty of any IPA paymant that may be in place......just a thought

Usually simpler to go after them once discharged.

Pursuing non- provable debts

Any claim against a bankrupt which is a non-provable debt in the bankruptcy proceedings may be pursued by the creditor obtaining a judgment at any time between the bankruptcy order and the bankrupt’s discharge, but only with the sanction of the court. These circumstances are most likely to arise where there are arrears of maintenance payments due to the bankrupt’s former spouse. The official receiver should satisfy himself/herself that the creditor’s debt is not provable in the bankruptcy and inform the parties that leave of the court to continue or commence recovery proceedings should be obtained. The official receiver should also inform the court in which the proceedings are taken of the bankruptcy and seek to ensure that any judgment is only granted in respect of the non-provable debt. Reference should also be made to Chapter 9, Part 2 paragraph 9.65 regarding the assets that may be seized if execution is levied.

The pursuit of non-provable debts is most usually undertaken after the bankrupt’s discharge, when leave of the court is not required.

JoeHel

I've just spoken to the Official Receiver. They were aware of the personal injury claim being part of the bankruptcy order, but it appears that they WEREN'T aware that the Insolvency Act 1986, s281, states that personal injury claims cannot be discharged by bankruptcy!!!!!!

She is looking into it and will call us back...

deedeeliz

I've been reading your thread, good luck with this all!

rog2

JoeHel wrote: »

I've just spoken to the Official Receiver. They were aware of the personal injury claim being part of the bankruptcy order, but it appears that they WEREN'T aware that the Insolvency Act 1986, s281, states that personal injury claims cannot be discharged by bankruptcy!!!!!!

ABSOLUTELY INCREDIBLE. :shocked: :shocked:

JoeHel

rog2 wrote: »

ABSOLUTELY INCREDIBLE. :shocked: :shocked:

I know!!! She said it's a very unusual case... I'm still shocked they didn't know! We'll see what she comes back with...

wherediditallgo

JoeHel wrote: »

I've just spoken to the Official Receiver. They were aware of the personal injury claim being part of the bankruptcy order, but it appears that they WEREN'T aware that the Insolvency Act 1986, s281, states that personal injury claims cannot be discharged by bankruptcy!!!!!!

She is looking into it and will call us back...

JoeHel wrote: »

I know!!! She said it's a very unusual case... I'm still shocked they didn't know! We'll see what she comes back with...

What??? It doesn't matter that it's an unusual case - it's her job to know for definite or find out from someone who does! You asked a specific question, & she should have made sure she got you a proper answer, not just depended on what she thought might be the case. My goodness, £47k is a lot of money to lose out on because she hasn't done her homework. :mad: It comes to something when us anonymous bods (all hail to Fermi) have to tell her the law so that she can do her job properly! I'm so annoyed on your behalf, JoeHel, & if it turns out you are entitled to claim the money (which you'll obviously get confirmed in writing), I hope you fire off a nice letter to her boss about what she could have cost you.