Issues and questions that come up during your bankruptcy period

Moderators: TalbotWoods, JaneClack

By stressedmum
#472725 I was in a RTA in May which my insurance sent to a solicitor. My bankruptcy (sequestration I'm in Scotland) forms will be submitted late Nov/early Dec (money advisor is hoping it goes through as a MAP) My personal injury claim isn't completed and is likely to happen during my bankruptcy. I'm not claiming loss of earnings it's purely pain and suffering. Will I have to have this over?
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By JaneClack
#472726 Pain and suffering is not included. If there is anything towards loss of earnings that would be expected to be paid in . So you do not need to worry.
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By JaneClack
#472729 Actually I have now seen something that contradicts this and says if it was raised before bankruptcy then AIB is allowed to claim all or part. I shall ring the AIB in the morning as this seems unfair.
By stressedmum
#472730 Oh that would be great Jane thank you. I'm borrowing the money for the fees for myself and my husband and was using this to repay it. I am pregnant and they are looking into the possibility that my problems in pregnancy might be related to my accident. It does seem unfair that they can take it after the pain and suffering ive had since the accident.
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By JaneClack
#472731 Hello

I am sorry I was wrong. I rang the accountant in bankruptcy this morning and asked the question and the reply was - it is quite possible. So again not saying it would but also making it clear that it could.

I am very sorry that the "pain and damages" system is different in Scotland. I know there was a consultation paper out a few years ago but obviously they have not changed the system.