theoretical question: nerds and policy wonks only

LilyBart

Definitely one for the IS manual nerds and amateur or professional lawyers:

If someone petitions for bankruptcy and is subsequently (ie after their court appearance) sent a bill for a debt accrued in either May 2002 or December 2003, is that wrapped up in the bankruptcy too?

It's a contract law thing. Hence it's debatable whether the debt - if indeed it is a debt - started May 2002 or December 2003.

Eeek!
Lily (who goes to court June 27 and could do without any more skeletons falling out of the cupboard)

maxmycardagain

if its not a student loan, a CSA debt or current year council tax (obviously not) then id say yes, if its a secured debt it will be a house matter (if there is one)

if you have not acknowledged the debt for 6 years it could be too old for them to chase even if your not BR

may 02 - may 08.....6 years, if youve not spoken, written or paid anything...

dalip

Yep liliy for once i agree with max:D If you have not had anything in writing or verbal for 6 years then is could be statute barred. If not, it can (again unless as max says it's excluded from bc) be included as it occured before bc date.

And before you say it yes max pieces of eight!!!!!!:rotfl:

LilyBart

Max and Dalip in agreement? Scary! Many thanks, both. It's questionable whether it's May 2002 (ie barred under 1980 limitations act) or Dec 2003 (ie not barred yet).

Have I got this right then? You're both saying that it can be included in bc whether it's 6 years and 1 month old, or not quite five years old? Regardless of whether I am pursued for it after the court date?

Please confirm. Simple words, for simple person.

maxmycardagain

if you went BR (say) last year then it doesnt matter if its a 2002 0r 2003 debt, its included, as it is if you now go BR

if youve never/not been BR and its over 6 years old (subject to YOU contacting the DCA, or paying them, or speaking to them) then its "dead"

dalip is my mini-mee now, im grooming him

LilyBart

That will be interesting. He's a she! Be careful how you use that brush.

dalip

maxmycardagain wrote: »

if you went BR (say) last year then it doesnt matter if its a 2002 0r 2003 debt, its included, as it is if you now go BR

if youve never/not been BR and its over 6 years old (subject to YOU contacting the DCA, or paying them, or speaking to them) then its "dead"

dalip is my mini-mee now, im grooming him[/quote]

MAX I AM A SHE!!!!!!!!!!!OMG AM I THAT BUTCH IN MY POST.SORRY:o

peachyprice

Hey Sherlock, you really need to Shave

dalip

Well thanks for that holmes but ran out of razors:rotfl:

GettingHopeful

Dalip - I never had any doubt from your postings that you were a she and Max was a he.

Don't know why, just how it appeared from tone of postings!

dalip

Yes i think max may be using his humour to his advantage once again;) .D