Best ways of checking for bankruptcy

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82084490#Comment_82084490

The only thing I can think of is that he had a BRO in place extending the bankruptcy.

https://www.gov.uk/government/publications/bankruptcy-restrictions-orders-and-undertakings/bankruptcy-restrictions-orders-and-undertakings

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82084749#Comment_82084749

But would it have still been in place 15 plus years later?

Jude57

https://forums.moneysavingexpert.com/discussion/comment/82084490#Comment_82084490

Not as far as I know, no. People are removed from the publicly available information held by the Insolvency Service only when they are discharged from Bankruptcy. Nowadays, a straightforward Bankruptcy without any restrictions is normally discharged after one year. Your father's Bankruptcy from so long ago wouldn't still be on the online register. I'm not sure whether all records of the Insolvency Register have even been digitised and even if they have, making them searchable would be a massive, very costly exercise. Again, you could make a request for information about your father's case via your local OR's office but after so long, I suspect the records will have been archived and retrieval would require a fee, or they may have been microfiched and again, getting a copy would likely require a fee, if the OR would even be willing to provide the records.

Without specific dates for your father's Bankruptcy and any conditions imposed by the Official Receiver it's difficult to know why the solicitor took the view that your father was not entitled to the inheritance that many years later. I know that the rules of Bankruptcy were very different 30 years ago and it may be that restrictions imposed lasted for a much longer time and the inheritance arrived within that time. If the Official Receiver wasn't entitled to the money from the inheritance, they'd have returned it. So it seems that the solicitor and OR were satisfied that the inheritance had to be paid in to the OR for distribution to creditors or the OR's costs.

ETA I've just checked the Insolvency Register for someone I know who was discharged from Bankruptcy in, I think 2006/7 and their name is no longer there. As I expected, given that it's so long ago.

jsh99

Thanks all.

Thinking back it was probably nearly 40 years ago he went bankrupt - I don't really remember much about it as parents didn't talk about it.

Back then it was an awful thing to be declared bankrupt and they lost friends over it, we had to sell the family car, a Granada with all the gadgets at the time, and ended up with a real old banger as I remember.

Dad worked really hard over 5 years to pay off £15,000 to get the house deeds back I know that as mum told me just before she died - because the house was in her name only and dad was persuaded by her own father to hand them over to secure some form of loan to try and keep the business going!

Such a shame he couldn't have had the money - it wasn't a huge amount ust a few thousand but all the same……..

jsh99

As an update….

I emailed our local OR and this was the reply……..

''Your late father was bankrupt in 1981 (The London Gazette | The Gazette) and in 1991 (Medway County Court 31 of 1991 made on — ———— 1991 – no gazette notice found). He was discharged from both bankruptcies.

Bankruptcy restriction orders did not come into existence until 2004 and so no BRO was made against him.''

 

So I have followed up with asing WHEN he was discharged.

(I was very impressed with the very quick reply and have said so in my reply)

jsh99

And another update.

''Our records indicate he was discharged from the second bankruptcy on — ——- 1994. It should be noted that discharge from bankruptcy only means that a bankrupt is released from the restrictions placed upon them. Discharge does not affect the status of any property which formed part of the bankruptcy estate, which would have remained to be dealt with by the trustee in bankruptcy.''

So even being discharge he had to give up the inheritance???

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82087355#Comment_82087355

Unless you have a copy of his aunt's estate accounts(I got one when my nan died) stating where the money went then it's hard to prove if the solicitor was correct in not giving your dad any money.

Just as well he didn't win big on the lotto then.