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Sale of House after Bankruptcy discharge

Last post Mon, Apr 16 2012, 2:47 PM by eastleighjim. 2 replies.
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  •  Mon, Apr 16 2012, 2:47 PM

    Re: Sale of House after Bankruptcy discharge

    Hi

    Your Trustee has 3 years from the start of your Bankruptcy to commence the process to realise his interest in your property. This would normally be by applying for an order for possession and sale of your property. If he is unable to do that for any reason (there isn't enough equity to make it worthwhile) he can apply to the Court for a section 313 charge to be registered. This charge will be for a specific amount (£'000's) and it will increase by statutory interest of 8% until you either sell the property or buy off the charge. It seems like he commenced the proceedure before 3 years and will therefore be able to register his charge.

    I wouldn't bother attending the meeting unless you want your Trustee to explain all this to you which you can ask him to do at anytime anyway.

    regards

    Jim

    • Post Points: 5
  •  Fri, Apr 06 2012, 1:07 PM

    Re: Sale of House after Bankruptcy discharge

    Discuss this with an insolvency practitioner and they will advise you. I thought that they had to list what was to be included within bankruptcy, at the time this was dealt with.

    Speak to the practitioner that you dealt with or this link might help you in the meantime.

    http://www.bankruptcy-insolvency.co.uk/bankruptcy/index.php

    • Post Points: 5
  •  Fri, Apr 06 2012, 12:09 PM

    Sale of House after Bankruptcy discharge

    I was declared bankrupt on April 8th 2009 and paid into the bankruptcy for 12 months. I then received a letter from the courts stating that I was discharged from bankruptcy. The trustee of the bankruptcy has just filed to the Land Registry for an order against my jointly owned home, I received the letter from the Land Registry dated 26th March, which I have to either consent to or contest by April 18th. They were aware of my vested interest in the property at the start of my bankruptcy and I have signed letters to prove this. Are they within the 3 year time frame or are there other laws that permit them to do this.
    There will be a meeting of the creditors on April 18th which I can attend, will this help and what are my options.
    I have a civil partner and a 13year old son living in the property.
    • Post Points: 35