Questions you have before making a decision to go Bankrupt and the Bankruptcy process

Moderators: TalbotWoods, JaneClack

By mattie2
#1395 Hi all

three short questions:

1. How can I verify that my ex has declared himself bankrupt as he claims. I confess to a lack of trust and a wonder that it might be a ploy.
2. I am currently receiving maintenance for two children. How will that be affected if he is bankrupt?
3. He informs me that the OR will chase my assets eg the house since it falls within the eligible period, whatever that is? We've been separated for 4years and divorced for two.

Any advice appreciated.

Scots Annie
ByDavidc
#1396
mattie2 wrote:Hi all

three short questions:

1. How can I verify that my ex has declared himself bankrupt as he claims. I confess to a lack of trust and a wonder that it might be a ploy.
2. I am currently receiving maintenance for two children. How will that be affected if he is bankrupt?
3. He informs me that the OR will chase my assets eg the house since it falls within the eligible period, whatever that is? We've been separated for 4years and divorced for two.

Any advice appreciated.

Scots Annie


Well a simple seach on the insolvancy register will answer the first question.
Try http://www.insolvency.gov.uk/eiir/IIRMasterPage.asp
If the maintanance is paid through the child support agency it should not be effected. He will still have to pay it.
Now who owns the house? If he has a beneficial interest in it. It will pass to the OR and you will be given the option to purchase this from the OR , failing this in 12 months the house will be sold. You having your share and the OR passing what was your husbands on to the creditors. We need more info as to the situation to say.
David
By mattie2
#1414 Hi David

Thanks for the reply.

1. ok - will look there.
2. CSA not involved. Court Order for maintenance was imposed as part of the settlement and has has been operational, erratically, and largely when he could be bothered to pay.
3. House was awarded to 'Scots Annie' also as part of the clean break settlement, but the ex is trying to bring it back into the equation by trying to force a sale and pocket his share of the proceeds. Feeling is that the "beneficial interets clause" you mention will allow that to happen.

regards

Scots Annie
User avatar
By JaneClack
#1503 If he has declared himself bankrupt the OR will be in touch with you as he is now the person who owns, if you like, your ex-husband's share of any equity in the property- ex certainly wouldn't be able to pocket any of the proceeds of a sale without paying the OR!! So if he tries that gambit ask for the name of the OR dealing with the case.

CSA is not included in bankruptcy but I have a feeling a court order can be overturned as money law supersedes family law.

Sounds as if he is trying it on!
By mattie2
#1741 Thanks to Davidc and Sarah for the replies.

Now confirmed that he has gone bankrupt and proper procedures seem to be in motion.
appreciate that you took the time to reply.

mattie2