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Buachaill, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 10530
Experience:  Barrister 17 years experience
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2 months before my discharge, the IP wrote and said that he

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2 months before my discharge, the IP wrote and said that he had looked at my I&E and I had to pay £60 per month. I asked him to look at it again as I couldn't afford to pay it but he said that he was discounting my fuel as it was high (even though it is an 80 mile round trip to work) and if I didn't sign, he would take me to court to ask for £450 per month. I signed but he still took me to court. In court which was after my discharge, he wanted £450 pm as he said the mortgage was too high. I submitted my I&E to the judge and informed them that my husband had just been diagnosed with dementia and angina. To supplement my income, I had started to operate a B&B as my husband had to cut down his work. The IP asked if he could have 4 weeks to to reassess the application even though I had told him of my circumstances 2-3 weeks before the court date. When I went back to court, the judge told me he had recieved a fax from the IP saying he was withdrawing the application. The judge told me it was all over and I need not worry.
I have now recieved a letter from the IP telling me that as I haven't paid anything from the IPA (the last payment was before it went back to court) I now owe him the backdated amount and he also wants information of my employer and he wants me to sign a form, for him to obtain information from the inland revenue.
Can you tell me if I do indeed owe him the backdated amount (from March 2010) and if I have to furnish him with the information he asked for.

Buachaill :

1. In this situation, you need to stand your ground and refuse to hand over further information or make further payment to the IP. Essentially, as the judge stated to you in open court "it is now all over". Once you have got your discharge from bankruptcy, then that is the end of the matter. The IP cannot go back and revisit the situation. Once your date of discharge has passed, then that is the end of the matter and the IP cannot go back and levy a further bill upon you. Nor can he seek to backdate it when he no longer has jurisdiction over your bankruptcy. The IP had to make a further application to the judge in the matter if he wanted to increase your payment from the I&E. Additionally, you should not give him permission to seek information from the Inland Revenue. If he wants this information he should have gone to court when you were in bankruptcy to obtain. Similarly, you should not give him information about your employer as what you are earning is no longer relevant to him as you are past your date of discharge. Simply tell him that he can make a further application to court if he wants further information.

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