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tmccann1955
Starting Member

United Kingdom
10 Posts

Posted - 11 July 2011 :  22:23:54  Show Profile  Reply with Quote
Further to my previous post, I understand that the OR has 42 days to claim any acquired after assets, ie inheritance is this correct ? I informed my OR in March 2011 by phone that I was recieving some money from my late fathers estate I did not at this stage know the full amount. The OR wrote to me on the 19th May 2011 claiming my inheritance for the benefit of my creditors. Also I understand that if an agreement has been made and agreed with my creditors which is £350 a month for 36 years then surely they would needa further court order to claim any more monies is this right?

Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 12 July 2011 :  07:17:49  Show Profile  Reply with Quote
An IPA is completely seperate to the inheritance, unless all of your debts and all court costs etc were paid from the inheritance, then the IPA will carry on unfortunately.





Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/
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tmccann1955
Starting Member

United Kingdom
10 Posts

Posted - 12 July 2011 :  07:33:28  Show Profile  Reply with Quote
thanks Vicki, what about the 42 day timescale ?
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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 13 July 2011 :  15:54:26  Show Profile  Reply with Quote
Hi,
the 42 day timescale only refers to after acquired assets,(i.e your inheritance), the IPA is seperate, as it's an IPA I take it you signed the agreement, unless you're disputing it?

Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.

If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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tmccann1955
Starting Member

United Kingdom
10 Posts

Posted - 13 July 2011 :  21:08:27  Show Profile  Reply with Quote
No I happily pay the IPA. I have just been told today that the OR was informed of a likely inheritance on the 06/04/2011 and I received a letter stating that this inheritance would be claimed by the OR. At that time no-one including myself knew the exact amount. There was a meeting today with my fathers solicitors and a final figure was reached I dont know what that figure is I do know my siblings will receive approx 32k.
The OR conveniently has forgotten that I phoned him in March2011 and told him of an expected inheritance and was unsure of the figure. Surely that must count for something? My solicitor is saying that the phone call does not matter because probate was not granted till the 04/04/11? hope it makes sense.
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RHB
Senior Member

1159 Posts

Posted - 14 July 2011 :  07:34:59  Show Profile  Reply with Quote
I cant see why the OR wouldn't take it?
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