How to claim money back off an ex-partner

[notanotherdonkey]

I am now a creditor against my x partner& have been given a court order over her property this month,however i have found out by the insolvency registar that she has gone bankrupt in January.I did try the attachment to wages but she was on the sick for 7 months prior to her appearance at court.I have tried most avenues etc. What would you recommend to do now as i have been left the debt .Thanks for your help in advance.

[FlamingParrot]

Re: How to claim money back off an ex-partner

I am now a creditor against my x partner& have been given a court order over her property this month,however i have found out by the insolvency registar that she has gone bankrupt in January.I did try the attachment to wages but she was on the sick for 7 months prior to her appearance at court.I have tried most avenues etc. What would you recommend to do now as i have been left the debt .Thanks for your help in advance.

If your partner owed you money and he's gone bankrupt, there is very little you could do to recover the money I'm sorry to say. You're likely to have joined a number of other creditors who were left unpaid as people usually only opt for bankruptcy when they have considerable debts. The Official Reciever will have taken control of his property and most debts can be included in BR (with a few exceptions), even CCJs can be included.

If, however, you are referring to a joint debt you had along with your partner, then you should be aware that you can still be pursued for the whole of the debt after your ex has made himself BR.

[notanotherdonkey]

Re: How to claim money back off an ex-partner

I Thought that might be the case and in other words it is taking the easy way out& no how to play the system even though will probably loose the house but am owed more money than the house is worth.Can i still go for attachment of earnings?No it was not joint debt so am ok on that front.Thank you for your reply.

[wales01man]

Re: How to claim money back off an ex-partner

If they are made Bankrupt an attachment to earnngs would not be available that's the idea of Bankruptcy to write off debts in one stroke only paying out from any assets money available

[FlamingParrot]

Re: How to claim money back off an ex-partner

I Thought that might be the case and in other words it is taking the easy way out& no how to play the system even though will probably loose the house

Very likely, in most cases the house will have to be sold, unless there's very little equity in the property. If there are children living in the house, the sale may be delayed for a year or so to allow them to find suitable alternatives. If he is sole owner, the whole value of the property would pass on to the OR or trustee. If the house is jointly owned, the OR is only entitled to his beneficial interest in the property.

but am owed more money than the house is worth.

If you have a charge on the property (you say above you've got a court order over it), you *may* be able to get some money from the proceeds of the sale, the whole idea of selling the BR's property is precisely to use the money to repay their creditors, however, it's not likely to be anywhere near the whole amount.

Can i still go for attachment of earnings?No it was not joint debt so am ok on that front.Thank you for your reply.

Sadly not, when someone makes themselves BR, they are obliged to include all their debts with a few exceptions (such as court fines and maintenance payments that are not allowed in BR). The idea is precisely to stop creditors taking further action.

[notanotherdonkey]

Re: How to claim money back off an ex-partner

Well Thank you for all the advice given.Yes i have a court order over the house in February & the land registery have been informed but she was made bankrupt in January so do not know where i stand. I will not spend any more money on legal fees as wasting my money but thanks for the heads up anyway.

[FlamingParrot]

Re: How to claim money back off an ex-partner

Well Thank you for all the advice given.Yes i have a court order over the house in February & the land registery have been informed but she was made bankrupt in January so do not know where i stand. I will not spend any more money on legal fees as wasting my money but thanks for the heads up anyway.

Have you registered as a creditor in her BR?
https://www.gov.uk/register-creditor-bankruptcy

When you register, you’ll be added to the list of creditors (people who are owed money). You’re not guaranteed any payment, but you’ll be:

• kept informed about the case
• allowed to vote on decisions at any creditors’ meetings

How to register
Fill in:

• form 6.37 if you’re owed money by an individual
• form 4.25 if you’re owed money by a company

Send the form to the person who is handling the case. This is usually an official receiver (OR) to begin with. ORs are court officials who deal with bankruptcies and liquidations.
The OR may hand over the case to an insolvency practitioner (IP) - a lawyer or accountant who specialises in debt recovery. In a bankruptcy, the OR or IP is known as the ‘trustee’. In a company liquidation, they’re known as the ‘liquidator’.
If you don’t have the address of the OR or IP, find their details on either:

• the Individual Insolvency Register if it’s an individual bankruptcy

[notanotherdonkey]

Re: How to claim money back off an ex-partner

Thank you,i did read about this last week& will fill the forms in .Much appreciated.Thanks once again for all your help as it is very much appreciated.

[notanotherdonkey]

Re: How to claim money back off an ex-partner

I have received a letter today from a trustee in bankruptcy.What am i supposed to do now apart from the attached form proof of debt.a meeting of creditors has been arranged at the back end of the month.

[nemesis45]

Re: How to claim money back off an ex-partner

Just fill out the forms and send it off, you will be advised of the date of the creditors meeting.

nem

[wales01man]

Re: How to claim money back off an ex-partner

Say goodbye to the money unlikely there is any money there to pay you.

That's why they have gone bankrupt to get out of paying

[notanotherdonkey]

Re: How to claim money back off an ex-partner

Thanks.I have the date of the creditors meeting.

[notanotherdonkey]

Re: How to claim money back off an ex-partner

Say goodbye to the money unlikely there is any money there to pay you.

That's why they have gone bankrupt to get out of paying

Yes i know that,the system is to easy to do it,i have an attachment for the house but means nothing.

[FlamingParrot]

Re: How to claim money back off an ex-partner

I have received a letter today from a trustee in bankruptcy.What am i supposed to do now apart from the attached form proof of debt.a meeting of creditors has been arranged at the back end of the month.

It is standard procedure in insolvency cases to hold a meeting of creditors. I can't see anything attached to this post. :noidea:

[notanotherdonkey]

Re: How to claim money back off an ex-partner

It is standard procedure in insolvency cases to hold a meeting of creditors. I can't see anything attached to this post. :noidea:

Sorry i meant attached to my letter sent in the post not on here,sorry for the confusion.