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Can an old, undisclosed debt be written off after the Bankruptcy has ended?

We put my other half through bankruptcy several years ago to clear off a hefty debt.  He has since remembered that he has a debt in his name which his ex-wife is still paying off.  Is he able to get this one written off by siting his previous bankruptcy status?  This debt was around before he applied for bankruptcy.

Comments

  • MEM62
    MEM62 Posts: 4,902 Forumite
    Part of the Furniture Name Dropper 10 Posts
    edited 26 April 2022 at 9:21AM
    No.  If it was a joint debt with his ex, she is now liable for the whole amount.  
  • luvchocolate
    luvchocolate Posts: 3,306 Forumite
    Part of the Furniture Home Insurance Hacker! First Post Name Dropper
    Was the debit solely in his name or a joint debt?
  • I'm not sure if it was a joint debt.  I know his ex is paying it but the letters come in his name.  I will ask.  Should it be solely his debt, could it be written off at this late stage?
  • sourcrates
    sourcrates Posts: 29,760 Ambassador
    Part of the Furniture Debt-free and Proud! Post of the Month PPI Party Pooper
    SallyPop said:
    I'm not sure if it was a joint debt.  I know his ex is paying it but the letters come in his name.  I will ask.  Should it be solely his debt, could it be written off at this late stage?
    If, its in his name only, and it pre-dates his bankruptcy, and its a qualifying debt, then yes, bankruptcy is an all encompassing solution, it includes all your debts (known or otherwise) but with certain exceptions, such as fines/income tax debts etc.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • carrot42
    carrot42 Posts: 13 Forumite
    First Anniversary 10 Posts
    SallyPop said:
    I'm not sure if it was a joint debt.  I know his ex is paying it but the letters come in his name.  I will ask.  Should it be solely his debt, could it be written off at this late stage?
    If, its in his name only, and it pre-dates his bankruptcy, and its a qualifying debt, then yes, bankruptcy is an all encompassing solution, it includes all your debts (known or otherwise) but with certain exceptions, such as fines/income tax debts etc.
    Taxes not covered by bankruptcy?
  • sourcrates
    sourcrates Posts: 29,760 Ambassador
    Part of the Furniture Debt-free and Proud! Post of the Month PPI Party Pooper
    carrot42 said:
    SallyPop said:
    I'm not sure if it was a joint debt.  I know his ex is paying it but the letters come in his name.  I will ask.  Should it be solely his debt, could it be written off at this late stage?
    If, its in his name only, and it pre-dates his bankruptcy, and its a qualifying debt, then yes, bankruptcy is an all encompassing solution, it includes all your debts (known or otherwise) but with certain exceptions, such as fines/income tax debts etc.
    Taxes not covered by bankruptcy?

    Debts Excluded from Bankruptcy

    • Child Maintenance Arrears (if set by CSA or Child Maintenance Service)
    • Criminal Fines
    • Debts you obtain after the date of your bankruptcy order
    • Debts are taken out fraudulently (e-g benefits fraud)
    • Mortgages (if you want to keep the house)
    • Social Fund Loans
    • Student Loans
    • TV Licence Arrears
    • Court Orders telling you to pay compensation for someone’s injury
    • Payments ordered by the court as part of family proceedings (e-g in divorce cases) 

    • Not Tax, apparently.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • carrot42
    carrot42 Posts: 13 Forumite
    First Anniversary 10 Posts
    carrot42 said:
    SallyPop said:
    I'm not sure if it was a joint debt.  I know his ex is paying it but the letters come in his name.  I will ask.  Should it be solely his debt, could it be written off at this late stage?
    If, its in his name only, and it pre-dates his bankruptcy, and its a qualifying debt, then yes, bankruptcy is an all encompassing solution, it includes all your debts (known or otherwise) but with certain exceptions, such as fines/income tax debts etc.
    Taxes not covered by bankruptcy?

    Debts Excluded from Bankruptcy

    • Child Maintenance Arrears (if set by CSA or Child Maintenance Service)
    • Criminal Fines
    • Debts you obtain after the date of your bankruptcy order
    • Debts are taken out fraudulently (e-g benefits fraud)
    • Mortgages (if you want to keep the house)
    • Social Fund Loans
    • Student Loans
    • TV Licence Arrears
    • Court Orders telling you to pay compensation for someone’s injury
    • Payments ordered by the court as part of family proceedings (e-g in divorce cases) 

    • Not Tax, apparently.
    Yes, this is what I meant, that bankruptcy should include income tax debts, your list confirms that income tax debt is "included" or covered by bankruptcy 
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