A creditor is filing for bankruptcy. How do I include other debts in the bankruptcy?
State/Country relating to Question: United Kingdom
Welcome to JustAnswer! If you've any queries once you've read my answer do ask. When satisfied, kindly click the Green ACCEPT button.Do you have any secured debts or are they all unsecured please?
I'm asking on behalf of my brother. He has unfortunately defaulted on an IVA as he became unemployed. He had been paying it for a couple of years. The company dealing with it has made an application on behalf of those creditors (at his request) but he has other minor debts he wants to include. To the best of my knowledge he has no secured debts. He is in rented accommodation. He fears that the petition will only include those creditors on the IVA.
I see - thanks. It is up to the creditors to include their debts not for him. All existing unsecured debts he has at the time he is declared himself bankrupt are automatically included in the arrangement whether the creditor declared them or not.However assuming the bankruptcy order is made against him and various creditors are not included he should contact the Official Receiver dealing with his case to inform them. They will then be able to contact the creditor on his behalf but the creditor is automatically included in the bankruptcy order anyway.
LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).