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A Technical Question

Statistician_2
Posts: 16 Forumite
Good evening to you all,
I have to confess to having been an avid reader of this site specifically, and others generally, for quite some time, and gathered an awful lot of very useful information without having to register and ask any specific questions. That makes me guilty of taking and not giving and I have no defence to that charge. My only comment there would be that all questions I've seen asked have been more than competently answered, so any input from me would have been an irrelevance.
I was declared bankrupt in May of last year and discharged in May this year. I was a partner in a professional practice that overstretched itself and paid the ultimate sanction together with some, but not all, of my fellow partners. During this period I went through a messy divorce and there were assets to be disposed of but that was by the by.
I found employment reasonably quickly, albiet at a much reduced income, and given the costs of living in our capital had no disposable income based on my fixed salary. I supplemented this reduced income by taking on work in my professional capacity and took great care to inform the Inland Revenue of my additional income. What I did not do however, was to inform my trustee, who I found to be a most offensive individual. It wasn't so much out of a desire to deceive as a feeling of needing a buffer against life's unexpected events.
My question revolves around the fact that I have recently received a letter from my trustee requesting me to sign a document that gives him access to all my PAYE and Self Emploted Income details from HMRC.
What is the likely outcome of this given that I have clearly understated my income during the period I was an undischarged bankrupt?
I have no excuses and any criticism is more than justified, I am merely trying to ascertain what the outcome is likely to be. If anybody else has had a similar experience I would be most grateful to hear from them.
Thank you,
Julian.
I have to confess to having been an avid reader of this site specifically, and others generally, for quite some time, and gathered an awful lot of very useful information without having to register and ask any specific questions. That makes me guilty of taking and not giving and I have no defence to that charge. My only comment there would be that all questions I've seen asked have been more than competently answered, so any input from me would have been an irrelevance.
I was declared bankrupt in May of last year and discharged in May this year. I was a partner in a professional practice that overstretched itself and paid the ultimate sanction together with some, but not all, of my fellow partners. During this period I went through a messy divorce and there were assets to be disposed of but that was by the by.
I found employment reasonably quickly, albiet at a much reduced income, and given the costs of living in our capital had no disposable income based on my fixed salary. I supplemented this reduced income by taking on work in my professional capacity and took great care to inform the Inland Revenue of my additional income. What I did not do however, was to inform my trustee, who I found to be a most offensive individual. It wasn't so much out of a desire to deceive as a feeling of needing a buffer against life's unexpected events.
My question revolves around the fact that I have recently received a letter from my trustee requesting me to sign a document that gives him access to all my PAYE and Self Emploted Income details from HMRC.
What is the likely outcome of this given that I have clearly understated my income during the period I was an undischarged bankrupt?
I have no excuses and any criticism is more than justified, I am merely trying to ascertain what the outcome is likely to be. If anybody else has had a similar experience I would be most grateful to hear from them.
Thank you,
Julian.
0
Comments
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You're already discharged, soo I dont think they will be allowed to extend the BR...
However, they may be able to impose a BRO and or an IPA....Hi - im a member of the Debt Help UK FORUM...0 -
plumduff-2 wrote: »You're already discharged, soo I dont think they will be allowed to extend the BR...
However, they may be able to impose a BRO and or an IPA....
Thank you plumduff,
I'm afraid the money is well and truly spent and any notion of an IPA would see me decline any further commissions, as for a BRO, not very gentlemanly at all, but not the end of things I'm sure.
How rude of me, I forgot to sign off in my angst,
Yours very gratefully,
Julian0 -
Hi Julian,
Was yours personal or business bankruptcy, & was the trustee in place to administer IPA payments or for another reason?BSC #53 - "Never mistake activity for achievement."
Consumer Credit Counselling Service (CCCS)| National Debtline| Business Debtline| Find your local CAB0 -
wherediditallgo wrote: »Hi Julian,
Was yours personal or business bankruptcy, & was the trustee in place to administer IPA payments or for another reason?
It was a partnership Dear, so joint and several liablity and all that. Must confess some of my partners were a lttle more adroit at placing assets in other people's name but one lives and learns.
The trustee was only there because of the property and asset disposals and he didn't write that frightful letter until after I was discharged. Well he maybe did, but I don't have a secretary anymore, so I couldn't be certain. I haven't signed the forms yet if that makes any difference.
I feel a real fool, and the irony is that I gave quite a lot of it away because I realised that I didn't really need it. The Salvation Army is a particular favourite of mine.
Julian0 -
Hi Julian, this is from the technical manual.
Order for production of documents by Inland Revenue
Introduction
13.102 The official receiver will often need information from the Inland Revenue regarding a company's or bankrupt's tax affairs and history. The Inland Revenue does not need the authority of the company or its officers for the Inland Revenue to disclose information about a company's tax affairs to the liquidator of the company (see paragraph 13.103), but it does need the authority of a bankrupt to disclose personal information about his/her tax affairs. If this authority is withheld, the official receiver must make an application under section 369 for the production of the necessary information.
Post discharge enforcement generally
13.101 Where a bankrupt has obtained his/her discharge from bankruptcy and subsequently fails to co-operate with the official receiver as trustee of his/her estate, the official receiver should take all action possible to obtain the information needed from alternative sources. Where there is no alternative, in exceptional circumstances the official receiver may consider making applications under section 363 or section 366 to enforce the co-operation of a discharged bankrupt. The power to direct the bankrupt to attend for private examination survives discharge (Oakes v Simms [1997] BPIR 499), see also Part 5. However, to justify such an action, it is expected that the loss to the estate as a result of the non co-operation would need to be substantial.
I think you need to see a solicitor on this one Julian, and dont sign anything until you do.
Best
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
debt_doctor wrote: »Hi Julian, this is from the technical manual.
Order for production of documents by Inland Revenue
I think you need to see a solicitor on this one Julian, and dont sign anything until you do.
Best
DD
debt doctor, my Dear, that is wonderful. I have to confess to being much too embarrassed to consult a member of such a miserable pofession, but perhaps I should. The amount is certainly not significant in terms of the estate, in point of fact it was quite miserly, but gave me a feeling of security that I found I didn't need.
I can see the logic there. If they haven't discovered one's indiscretions before they let you go, they have to fight like blazes to put it right, and unless it's a "hold full" its not worth their while.
I truly am, most grateful Madam,
Julian0 -
I really am much obliged for you comments and hospitality. I may just take a walk to a bar frequented by ladies and gentlemen of the Bar and see what I can unearth. I will report back if I find anything of merit; would ease my conscience immeasurably if a resolution could be found for others guilty of my silly indiscretions.
Good evening to you all,:A :A
Julian.0 -
Madam ????? - I ll kill im !!!!!!:rotfl:Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Oii. DD, theys nowt wrong with being a woman..well apart from the painful boobs, monthly things, mood swings etc etc:p
Anyway, you'd look great in a skirt:DThe first time we said hello, was the first time we said goodbye. As the angels took your tiny hand and flew you to the sky-you forever left us breathless. RIP my beautiful granddaughter0 -
:rotfl: Hmmm..... me in a skirt - fraid not dear ! TV means television for me and nothing else - not even just at weekends !!:rotfl:Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0
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