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Max Lowry
Max Lowry, Advocate
Category: UK Bankruptcy Law
Satisfied Customers: 1414
Experience:  LLB, 10 years post qualification experience
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My bankruptcy was on feb 5th 2010 therefore the 3 years concerning

Customer Question

My bankruptcy was on feb 5th 2010 therefore the 3 years concerning the matrimonial home was up on 5th Feb 2013 as the IP had not dealt with it. I have received an application to court for possession of the house in order for him to sell it.
The date of the application was 4th Feb 2013 and the court date is in March.
Can you tell me if an application will be heard and considered as 3 years have passed.
The same IP applied to court for an IPA just before my discharge, the case was heard after my discharge and the judge threw it out saying I was already discharged so I wondered if this would be the case with the house.
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Max Lowry replied 1 year ago.
Hi, welcome to Just Answer. I will help you with your question. In short, the fact the application is dated before the 3rd anniversary of your bankruptcy is probably good enough for the application to be dealt with. What you beed to check is when the application was actually issued at court. That is the important date. Ask the court. If it was issued before expiry of the third anniversary It does not make a difference that the actual hearing will take place after the three years.

Sorry this us probably not what you wish to hear but this is the position.
Max Lowry, Advocate
Satisfied Customers: 1414
Experience: LLB, 10 years post qualification experience
Max Lowry and other UK Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

I have checked with the court andf the date of issue was the 5th Feb.


Is this out of the 3 years or in it?


 


Many thanks

Expert:  Max Lowry replied 1 year ago.
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