Help with elderly mothers bankruptcy B136 received

RAS

From whom did your mother seek advice when grandma died? 

You seem to have gained the information at some time that the OR would not be interested in the house if probate was granted more than three years after the bankruptcy? Where did that information come from?

Your mother needs to go back to the OR and explain what she has and hasn't done, as soon as possible. They've already written to her, so it's essential she does this before they really start investigating.

This failure to declare will cost your mother more money and extend the financial penalties, not least because she'll likely be paying the fees for investigating her case. So the sooner she engages the better.

I appreciate that she's been cast a crap hand by your father's economic abuse and the timing of her mother's death. But she can only work with the hand she's been given.

Kjy2021

Totally understand but during this time she was diagnosed with breast cancer and had to have a mastectomy and current dealing with the aftermath so this has not been priority, the OR came to visit last Oct and this is when they were made aware of the property etc and during this time I have been trying to get a total owed included all fees etc but never get a reply to my emails or requests for a telephone call so at a lose that now they have but a charge in and we don’t even know how much is actually owed 

sourcrates

Then I would get back on the phone to them pronto.

Kjy2021

RetiredTaz said:

ManyWays said:

The date of probate isnt relevant, nor is the fact that she is now discharged.

As her mother died while she was undischarged, this became "after-acquired property", see https://www.gov.uk/guidance/technical-guidance-for-official-receivers/36-after-acquired-property.
"The official receiver, as trustee, has 42 days, beginning with the day on which it first came to their knowledge that the property in question had been acquired by, or had devolved upon, the bankrupt in which to make the claim in writing."

She should have notified the Official Receiver about the death and likely inheritance. Did she say anything at all to the OR or the OR's office, on the phone or in working about this? 

I don't think the OP's mother has died. The help/advice is for OP and their mother.

So based on this and then not applying within the 42 days I can send an objection to the land registry?

Minkym00

The important point here was when the OR became aware of the property. They have three years from that point in which to deal with it. Section 283 (A) (5) is the relevant piece of legislation here: Insolvency Act 1986 so they are acting correctly.

ManyWays

I think you need urgent debt advice from experts. You can go to your local Citizens Advice or talk to National Debtline on the phone on 0808 808 4000. They can get help from the national Specialist Debt Advice Service that you cannot access. The alternative is to go to a solicitor with insolvency expertise, but that will cost money.
This is not an area for well-meaning advice from people here; I suggest not phoning the OR/trustee until you have taken advice.

ManyWays

Minkym00 said:

The important point here was when the OR became aware of the property. They have three years from that point in which to deal with it. Section 283 (A) (5) is the relevant piece of legislation here: Insolvency Act 1986 so they are acting correctly.

Is that right? This inheritance is after-acquired property, not something the bankrupt owned when they went bankrupt?

Minkym00

After acquired property is treated the same as any other bankruptcy asset so, yes, it is the correct. 

ManyWays

Minkym00 said:

After acquired property is treated the same as any other bankruptcy asset so, yes, it is the correct. 

Yes but the point here may be whether the proper notice has been served within the time limit https://www.legislation.gov.uk/ukpga/1986/45/group/2/part/IX/chapter/IV/enacted
I think expert advice is needed and fast, you may be right, but the cost of getting this wrong could be large.  

Minkym00

You are right on that point ManyWays. I was working on the assumption that they had claimed within the 42 days.