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 When a statutory demand is served in bankruptcy
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sophiak_121
Starting Member



7 Posts

Posted - 19 March 2009 :  08:42:19  Show Profile  Visit sophiak_121's Homepage  Reply with Quote
When a statutory demand is served in bankruptcy and the creditor claims in this demand that he is owed #### amount by the debtor then can is that all the debt the debtor owes to the creditor, or is this creditor allowed to add more money to this statutory demand before a bankruptcy hearing.

sonia
Starting Member

28 Posts

Posted - 19 March 2009 :  10:45:09  Show Profile  Reply with Quote
I meant to say,

Should the creditor show the amount stated in the statutory demand to the trustee. The creditor claimed that he was owed £1,087 in the statutory demand. He then showed the trustee in bankruptcy that I owed him £4,597.00.
Should the creditor showed that the trustee the same amount that he stated in the SD?
In his petition for my bankruptcy he also was claiming that I owed him £1,087 but he told the trustee I owed him £4,597.
Was the creditor only entitled to £1,087 or can he add more money to this before the bankruptcy hearing?
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Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 19 March 2009 :  10:53:44  Show Profile  Reply with Quote
Hi SOnia and welcome to the forum

If the difference between the two amounts was down to fees and costs incurred he would be entitled to claim the larger amount.

Hope this helps

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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