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| T O P I C R E V I E W |
| Nick.00 |
Posted - 26 May 2010 : 01:43:56
The year of my bankruptcy finished on May 11, and the receiver has confirmed verbally that I am discharged. Can I ask him to confirm this is writing? Also, my house was in £450K negative equity, and has been sold for £350K. I owed the building society £800K. This has only just been sold after the end of my bankruptcy, The Receiver said that this deficit will form part of my bankruptcy. Is this true. Also, in June 2009, my ex-wife looted 85% in value of my home's contents. The Receiver says he will attampt to recover these.Is she in contempt of Court by having done this? She was, presumably, trying to keep them out of the Receiver's hands by doing this (definitely without my permission or knowledge). Thanks for your help. |
| 11 L A T E S T R E P L I E S (Newest First) |
| RHB |
Posted - 27 May 2010 : 07:40:41
Thing is, under matrimonial law, your things & her things become joint assets until you find a way of dividing them that a judge concurs with. There are plenty of divorce forums but as everyone's circumstances are different you are best off seeing a solicitor. Mind you, sounds like there won't be much in the way of assets to fight over now your BR!! |
| Nick.00 |
Posted - 26 May 2010 : 19:00:00
I've just read the other posts after Richard's, and thanks everyone for your input.
@RHB: We weren't divorced at the time. And we had been married for less than 2 years (I'm no spring chicken, nor's she).
@Jan. Thanks. And I agree. Most of it was indisputably my property. And she nicked it.
@All. But this is trayong away from the topic of this forum, which is bankruptcy. It just so happens that, in my lfe, the two intertwine. If anyone knows a good forum (as good as this) where marital matters are dicussed, please let me know. Thanks again to all.
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| Nick.00 |
Posted - 26 May 2010 : 18:51:56
Thanks Richard. You've certainly covered most of it. And, as you correctly say, you're not in possession of the full facts. Your advice is excellent. Thank you.
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| Richard P |
Posted - 26 May 2010 : 18:48:29
Hence it may be a battle and time consuming that the OR may decide not to persue.
we do not know the full facts and leave that bit for the police and OR to decide what action is appropriate.
Nick have we covered your points or do you have any further bankruptcy based questions ?
regards Richard |
| debtinfo |
Posted - 26 May 2010 : 18:27:24
I think the point here is that it does not seem to be convincingly proven who owns what |
| Niobe |
Posted - 26 May 2010 : 16:41:30
We don't know the full story, but it would all come down to whoever owns what.
If anything taken from the marital home belongs to the other person, then that is theft.
She does not have an automatic right to take any marital goods from the home.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
| Skippy |
Posted - 26 May 2010 : 16:04:21
I'd disagree that she's done nothing wrong. I appreciate that we don't know the full facts, but if she has taken someone else's property without their consent then as far as I'm concerned that's theft!
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
34 IPA payments made, 2 to go - not long to go now! |
| RHB |
Posted - 26 May 2010 : 15:25:24
If you hadn't made a financial settlement with your ex through the courts before the BR then she has every right to take any marital assets & has done nothing wrong. |
| Richard P |
Posted - 26 May 2010 : 11:13:24
Hi Nick
congratulations on your bankruptcy discharge.
Yes the house debts will be included in bankruptcy, as Getting out of debt states best to leave the OR to deal with your (ex)wife, she is not in contempt of court, The OR will have to proove intention, that is for them to deal. She could be legally entitled to half the contents anyway following your seperation
Make the most of your fresh start.
Dont forget that if any of the debts were previously in joint names the creditors will want to speak to your (ex)wife as following your bankrupty she has taken on the liability of the debt.
regards Richard |
| Nick.00 |
Posted - 26 May 2010 : 07:50:20
Thank you for that. You have been very helpful. You have answered my questions 2 and 2 Regarding my wife. At thew time of the bankruptcy, and her raid on my home, I was not in contact with her, and had not been for early a month. The only contact I had with her was a letter I had sent her on May 12 (my bankruptcy started on May 11) informing her I had been made bankrupt. I do not know if she has been informed by the OR that I was bankrupt. I doubt it. But she certainly stole everything to get it away from the bankruptcy and the OR. Will the OR work this out for himself? I have given him a list of what was taken and its value.
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| gettingoutofdebt |
Posted - 26 May 2010 : 07:09:48
quote:
Can I ask him to confirm this is writing?
There is no need for the OR to confirm the discharge in writting. Check your details on the Insolvency Register (http://www.insolvency.gov.uk/eiir/) and you should be shown as discharged. Print off a couple of copies as proof of your discharge in case creditors request proof in the future.
quote:
Also, my house was in £450K negative equity, and has been sold for £350K. I owed the building society £800K. This has only just been sold after the end of my bankruptcy, The Receiver said that this deficit will form part of my bankruptcy. Is this true.
Yes, the shortfall will be written off as part of your BR.
quote:
Also, in June 2009, my ex-wife looted 85% in value of my home's contents. The Receiver says he will attempt to recover these.Is she in contempt of Court by having done this?
This depends upon whether your wife was informed by the OR that the property was part of the BR. In any case the issue is between the OR and your ex-wife. The OR will take whatever action they feel is necessary to get the best outcome for your creditors. |
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