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falling foul of a bankrupt

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  • falling foul of a bankrupt

    Hi long time no see I would like some help please last year I posted about my disabled friend who had been ripped off by her bankrupt landlord. although we were successful with a court claim we could not go any further because he had been made bankrupt.
    I found this out only when we tried to put a charging order on his property, I searched the insolvency register and discovered he had been made so 3 months before my friend moved into one of his properties. I then wrote to the trustees explaining what he had done and that he had duped my friend into giving over a lot of money and that he had then evicted her after 11 weeks of her moving in.
    I got a very long and poor excuse of a letter saying that he should not have entered into any form of contract with my friend without consulting them first, and that my friend should have informed them as to what he was doing. All very well if we had known in the first place that he was indeed a bankrupt!!!!

    One morning i on the off chance rang the trustees office just to ask how we could proceed to get this money back. It was sheer luck that i was put straight through to a trustee, Now her words to me were; send me all your paper work and proof of the debt and i will put on the list to get you your money back;
    I did this and we got a statement of proof form which we filled in, the letter also stated that they were waiting for the sale of 2 properties to be finalized and once this was achieved then dividends would be paid.
    Also according to his assets there was more than enough funds after these sales to pay everyone including all the fees. and with what these people were charging there was quite a considerable amount in the pot.
    We have now received a letter from the trustees rejecting our claim on the grounds that we entered into a contract after he was made bankrupt and also after they called for anyone making representations in respect of monies owing.
    Now today i went back to the insolvency page and there is a notice of intended dividends and asking that any further and final proof of claims should be made by September 1st 2015 because they are now ready to pay dividends I made my claim in June so there was plenty of time.
    I sent a mountain of proof that he took this money fraudulently. their letter is saying if I am unhappy with the decision I should apply to the court to try and get the decision reversed.
    I don't understand why they say on one hand we were out of time to claim, yet they are still asking for anyone else to come forward, But their letter is still maintaining our claim is out of the time frame. surely if he conducted this breach of his bankruptcy conditions and we were indeed victims of his deceit and they were told and have acknowledged this, our claim should be accepted.
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  • #2
    Re: falling foul of a bankrupt

    I don't understand why they say on one hand we were out of time to claim, yet they are still asking for anyone else to come forward,

    FROM WHAT YOU HAVE SAID (and I put that in capitals because it's really important. I can't be sure that you have mentioned all the important facts) your claim is out of time because it post dates his bankruptcy petition. When you go bankrupt, only your debts UP TO THAT POINT are included in your bankruptcy. If this tenancy was started after that date, then it is not included. That may seem unfair to you, but that is the way the process works.

    They will still be asking for other creditors to come forward because they are trying to find out who had a claim at the point of the bankruptcy petition, This is a sensible thing for them to do, but you cannot be included in this.

    surely if he conducted this breach of his bankruptcy conditions and we were indeed victims of his deceit and they were told and have acknowledged this
    our claim should be accepted
    No, sorry. His breach of his bankruptcy conditions (if this occurred, I can't comment on whether it did) is not relevant to whether your debt is included in the bankruptcy. Because it isn't, then you have no claim on his assets UNLESS his assets are large enough to repay all his creditors at the date of his petition PLUS his bankruptcy fees which are likely to be 5 figures plus.

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