query as a creditor

JoeHel

Well I don't think the OR's assessment of his case is cut and dried yet as they're still waiting for him to produce various financial statements. His bankruptcy has not yet been discharged so I suppose anything could happen. I've been advised on another forum, for lawyers, that we could

"ask the OR to apply to suspend his discharge -for non-co-operation. These can be indefinite -until the debtor complies- i.e in effect an indefinite Bankruptcy -I have seen one that lasted 18 yrs...Doesn’t automatically produce the money but causes a lot of pain."

I think the threat of being bankrupt for 18 years might make him want to come to some sort of arrangement...

wok_boy

JoeHel wrote: »

Well I don't think the OR's assessment of his case is cut and dried yet as they're still waiting for him to produce various financial statements. His bankruptcy has not yet been discharged so I suppose anything could happen. I've been advised on another forum, for lawyers, that we could

"ask the OR to apply to suspend his discharge -for non-co-operation. These can be indefinite -until the debtor complies- i.e in effect an indefinite Bankruptcy -I have seen one that lasted 18 yrs...Doesn’t automatically produce the money but causes a lot of pain."

I think the threat of being bankrupt for 18 years might make him want to come to some sort of arrangement...

Looks like you've got him by the short and curlies

JoeHel

Quick update.

The OR called me this afternoon. She admitted that it does appear from the legislation quoted that my OH's award will NOT be discharged by the bankruptcy but she needs to get their "technical guru" to take a look at it and confirm that!!! :shocked:

The OR is on holiday all next week so she might not now get back to me until the week after. I will keep you posted!

fermi

That's fair enough I suppose.

After all it is a big step to suddenly inform him he's not being let off £47K without checking and double checking the legal standing first. Doesn't excuse the fact that they should have picked it up at the start though.:rolleyes:

I hope (by whatever means) you eventually see the money you are due.

tigerfeet2006

I will keep my fingers crossed that the OR comes back with some good news for you, please keep us updated.

JoeHel

Quick update, for anyone who remembers this thread...!!

The Official Receiver is STILL digging on this one. She has now met the man concerned and has quite independently said that he's the most arrogant and full-of-himself person she's ever had to deal with. He is still being very evasive and not producing the documentation they are asking for but luckily she has the power to request statements, etc, from banks direct. She is convinced he went bankrupt purely to avoid paying Joe his compensation. She has evidence of money disappearing, land sold and a house purchased AFTER the judgement :mad: They are considering filing for a fraudulent bankruptcy (I can't remember what it's officially called) and the chances of his bankruptcy being discharged this July are VERY slim!! Apparently he visibly paled when he discovered the personal injury award wouldn't be included in the bankruptcy no matter what.

A final blow was discovering he DID have liability insurance at the time of the original accident, but didn't file a claim as he believed he wasn't at fault. All this could have been settled 4 years ago. Now he has put his entire family through the horror of bankruptcy and it's nowhere near over yet.

I genuinely feel for anyone forced to take the bankruptcy route, but I sincerely hope this man is kept in this hell hole for as long as it takes for him to realise he can't treat people like this.

Thanks to everyone for your helpful support on this thread. Things would never have taken this course without your help and there is still a chance we might, one day, see some money....

fermi

Thanks for the update.

I hope you get some of the justice you deserve.

The BR system is there to help those who genuinely need it! This guy appears to be taking the proverbial *something*, which is not fair.

JoeHel

Thank you fermi, for everything you've contributed to this thread. You're a star!!

He has done himself no favours at all. The OR admitted (off the record, of course) that his attitude throughout has just made her more determined to nail him. Apparently it is very hard to prove that someone has taken steps to make themself bankrupt but we have a lot of paperwork which clearly shows he knew what could happen and took active steps to get rid of his money. She is quite optimistic.

forestpottsy

good luck on this one, I have just read your thread from the beginning and hope you get the result you want.

rog2

Thanks for the update, JH. I'm pleased to see that the OR also feels the same way as you. If he had liability at the time, perhaps a retrospective claim can be submitted - I know that I had to keep all of my Insurance details for many years, in case of any retrospective claims.
Hopefully, now, there will be some light at the end of the tunnel.
Good luck, and keep us posted.