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Voluntry Redundancy while Bankrupt

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I have 20 days lift till discharge and have recieved a letter from work asking for voluntry redundancys, I was just wondering at what point i need to inform the OR and if/when they have any rights to the redundacy payment, If nothing was to happen before the 20 days have elapsed does it mean that if im selected I would get to keep the whole payment? or is the point that i have had notification now the start point and any money recieved even if it was after the 20 days would be the recievers, I dont have an ipa in place

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  • sourcrates
    sourcrates Posts: 31,639 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Bluecar2 said:
    I have 20 days lift till discharge and have recieved a letter from work asking for voluntry redundancys, I was just wondering at what point i need to inform the OR and if/when they have any rights to the redundacy payment, If nothing was to happen before the 20 days have elapsed does it mean that if im selected I would get to keep the whole payment? or is the point that i have had notification now the start point and any money recieved even if it was after the 20 days would be the recievers, I dont have an ipa in place

    This is from Debt Camel -

    It depends on your discharge date

    The answer to the question depends on whether the last day of employment is before or after the date of discharge from bankruptcy.  There are three cases:

    1. the last day of your employment is before you went bankrupt  In this case the redundancy pay is treated as an asset that you owned when you went bankrupt and it therefore belongs to the OR (see 31.5.32 in the Insolvency Service Technical manual)
    2. the last day of employment is after bankruptcy but before discharge Here the redundancy pay is treated as an “after-acquired asset”. You are obliged to notify the OR about this and the OR will arrange for it to be paid to him (see 31.5.34 in the above manual)
    3. the last day of employment is after discharge In this case the money does not go to the Official Receiver as an asset, it belongs to you. This applies even if you have a BRO or a BRU, see Section 11 of the Discharge section of the Case Help Manual.

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  • Bluecar2
    Bluecar2 Posts: 83 Forumite
    Third Anniversary 10 Posts Name Dropper
    Ok thanks for that

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