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BIL Bankruptcy Concerns

I have a question about bankruptcy for my Brother in Law, he fell off ladder years ago, was homeless for long time and I am not sure where he stays these days. He does not work and I think has alcohol or drug problem, he has been sectioned a few times.

I have been trying to get him to go Bankrupt as he is being pursued for debts at old addresses, other family members have disagreed.

His son works in Banking industry and they are concerned that the entry in London Gazette may affect the son who has the same name (which is very distintive), their concern is that decisions will be made without consulting him or giving him a chance to say it does not refer to him.

He works in an area where everyone has to be squeaky clean.

Is there a way to avoid it going on register?

Comments

  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What does BIL have to lose just by doing nothing? as you say he is being pursued at old addresses so is it affecting him in any way?


    What are your reasons for wanting him to go BR?
    and what are the family objections?
  • mbmonty
    mbmonty Posts: 149 Forumite
    Second Anniversary
    Family members still live at the addresses

    Family objections are impact on his son
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    So the only impact it is having on family is that they are getting letters? He doesnt own their houses in any way?

    Send it all back as not at this address
  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So if I've got this right, it's you who's concerned about the impact on family but they are not?


    I get letters all the time for a previous tennant, but annoying.
    Sometimes I send an email to send doesn't live here, other times they just go in the bin.


    It sounds like BIL is vunerable but has not lost capacity?
    Is this not BIL's decision?
  • His date of birth would be included on the Gazette entry so very easy for anyone to see that they are looking at different details.
  • mbmonty
    mbmonty Posts: 149 Forumite
    Second Anniversary
    edited 25 July 2018 at 11:04PM
    mbmonty wrote: »
    I have a question about bankruptcy for my Brother in Law, he fell off ladder years ago, was homeless for long time and I am not sure where he stays these days. He does not work and I think has alcohol or drug problem, he has been sectioned a few times.

    I have been trying to get him to go Bankrupt as he is being pursued for debts at old addresses, other family members have disagreed.

    His son works in Banking industry and they are concerned that the entry in London Gazette may affect the son who has the same name (which is very distintive), their concern is that decisions will be made without consulting him or giving him a chance to say it does not refer to him.

    He works in an area where everyone has to be squeaky clean.

    is there a way to avoid it going on register?
    mbmonty wrote: »
    Family members still live at the addresses

    Family objections are impact on his son
    So the only impact it is having on family is that they are getting letters? He doesnt own their houses in any way?

    Send it all back as not at this address
    lisyloo wrote: »
    So if I've got this right, it's you who's concerned about the impact on family but they are not?


    I get letters all the time for a previous tennant, but annoying.
    Sometimes I send an email to send doesn't live here, other times they just go in the bin.


    It sounds like BIL is vunerable but has not lost capacity?
    Is this not BIL's decision?


    lisyloo & marliepanda Please try reading the OP and answering the actual questions asked.
  • mbmonty
    mbmonty Posts: 149 Forumite
    Second Anniversary
    His date of birth would be included on the Gazette entry so very easy for anyone to see that they are looking at different details.

    Thanks you are right, recent ones show it but old ones do not, I wonder if they get truncated after a while?

    Gary

    In Bankruptcy


    Individual's Address: First and Final Dividend Gary Smith, unemployed, of XX XXXX Road, TZZZ Close, TZZZZ, ZZ3 4ZZ. NOTE: the above-named was discharged from the proceedings and may no longer have a connection with the addresses listed.



    Birth details: 07/04/1967


    Bankrupt's occupation: Unemployed


    Notice is hereby given that I intend to declare a Dividend to unsecured Creditors herein within a period

    of 2 months from the last date of proving. Last date for receiving proofs: 20 June 2018

    Contact details: Mr D Gibson, LTADT Chatham, PO Box 16660, Birmingham, B2 2HA, 01634 894700, RTLU.Anglia@insolvency.gsi.gov.uk


    16/05/2018
  • fatbelly
    fatbelly Posts: 23,742 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    mbmonty wrote: »
    Is there a way to avoid it going on register?

    Where there's a risk of domestic violence, the address can be withheld.. This is a decision made by the courts, to which a separate application should be made.
    The legislation provides that, where disclosure might reasonably be expected to lead to violence against the debtor or other person residing with the debtor, the address of the debtor may, on the order of the court, be withheld from the IIR.

    Responsibility for ensuring that such an order is given effect rests with the official receiver

    I think your BIL should seek advice over whether bankruptcy is the best strategy, as he may not be aware of the full range of options. National Debtline would be a good place to start.

    Alternatively or additionally get him to post on the debtfree wannabe board
  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please try reading the OP

    I have read the OP.
    Often advice cannot be given without more info or clarification.
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