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A creditor is filing for bankruptcy. How do I include other

 
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  • Answered by:Joshua
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Customer Question

A creditor is filing for bankruptcy. How do I include other debts in the bankruptcy?

 

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State/Country relating to Question: United Kingdom

Submitted: 556 days and 13 hours ago.
Category: UK Bankruptcy Law
Value: £32
Status: CLOSED
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Expert:  Joshua replied 556 days and 13 hours ago.

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?

Customer replied 556 days and 12 hours ago.

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.

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Expert:  Joshua replied 556 days and 12 hours ago.

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.

Expert TypeLawyer
Category: UK Bankruptcy Law
Pos. Feedback: 100.0 %
Accepts: 56
Answered: 10/27/2011

Experience: LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England

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