How much does he owe?
In respect of what?
£47k and it was a loan he built up to the company that he worked at with us and then he left without repaying it
I'm sorryto have to tell you that if he goes bankrupt, the debt is written off.
Certaindebts are not written off in bankruptcy and they are few and far between but doinclude arrears of maintenance and student loans.
If he has ahouse, which is not jointly owned, then the trustee in bankruptcy will sell myhouse. If it is jointly owned, the trustee in bankruptcy will attach a chargeto his share.
All hiscreditors will be lumped together and if there is any money left, they will bepaid in proportion.
Can I helpfurther?
what happens if he goes bankrupt and then afterwards the court case is held and found in our favour. Does he have to go bankrupt again ?
Once he goes bankrupt all his declared debts are written off.
So after bankruptcy there is no debt for you to sue him over.
But he is not declaring it as a debt, that is why I am having to take him to court, to rule that it is a debt. And my logic is, that if the court case is after his declared bankruptcy then it is a new debt ? Would you agree ?
Also, what proof can I get off him that he is going bankrupt and it is not a ruse to get me off his back ?
It may indeed be aruse to get you off his back. Does he own a house? Is it in joint names? Do youknow how much it is worth and how much the mortgage is on it?
Does he have the moneyto give you? Is he working? Employed or self-employed? Does he have the moneyto give you?
Hi Law Denning,
I know that he has a house that he owns jointly with his ex-wife but I don't know what the mortgage is or the address at the moment. I know that he used to own a house in Bulgaria but I don't know whether he still owns it.
He has told me that the company that he was working at after ours, that he has left and that he is no longer working in the industry.
I understand how the mortgage and the charge could help me but how does the employment issue change things ? is there a certificate or register for bankrupts that I can check ?
Your solicitor can dosearch at Land Charges Dept of Land Registry. It only costs couple of quid.
At this stage it is adebt. He declares that as a debt (before or after court) and it is written offin bankruptcy. That is what bankruptcy does.
If he has a house,once you have judgement you can get charging order to put a charge on it which doesn'tescape bankruptcy provided you get charge before he goes bankrupt
Dear Law Denning,
He is contesting that he owes us the loan repayment. We are saying that he does, and so I started a legal case against him which is currently on-going, we are at the exchange of witness statements.
The defendant contacted me yesterday and said that he was now representing himself and that he was going to declare himself bankrupt. He also said that he had left his employer after us and was now not working in the industry.
I think that his tactic will be to declare himself bankrupt with the loan as a known debt or at least try and use it as a negotiating position.
Can I get a charge registered before the case outcome ?
You can only get a charge if he agrees or if you have a judgement.
If he declares the disputed debt it dies with his bankruptcy
That is the point I don't understand. We have emails from him admitting the loan, the only issue is he said that it was only repayable in the event of a loss in the business whereas we have provided evidence that there was a loss.
Does this change things ?
I'm sorry,it doesn't matter if he be admits the loan in writing and there is a judgement.If he then goes bankrupt, you lose the money as it is written off in thebankruptcy.
If the loanis disputed and he goes bankrupt, it wipes the dispute out, and your claim ends
The onlyway to protect that, is either to get him to agree to give a charge against thehouse or get a judgement and then charging order
Thanks, XXXXX XXXXX clarification purposes. I know that he has a house which as part of his divorce his wife lives in but he has a charge over. I do not know the amount of equity. When and if he applies for bankruptcy, does he have to name our company as a debtor ? and then as part of the bankruptcy, assuming we are the only debtor, would we be assigned his share in the property ?
Sorry if I appear dumb
Don't worry. You are not dumb.I probably know nothing about your business either.
If he declares the debt inthe bankruptcy, (and it is most unlikely that he will not) all his assetsinvest in the trustee in bankruptcy and after the trustees fees are paid, orassets are divided in proportion between the creditors. The creditor owed themost money gets the biggest payout (if there is one). The trustee will not beable to realise the sale of the house until such time as the wife wants to moveor remortgage. Once that happens, the money in the house is dealt with in thesame way with other creditors. In effect, any bank loans, credit cards, debtswith utility companies in his sole name etc are all wiped out in thebankruptcy. It is most unlikely that you will be the only creditor and expecthim to owe thousands of pounds on credit cards if he is indebted to you for£45,000.
The only debts which are notwiped out in bankruptcy are secured your debts.
In that respect, if there isa second charge, there may be no equity to distribute between creditors fromthe house.
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).