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Scottish Trust Deed Forum
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Topic starter
22/01/2015 11:11 am
Hi everyone I was looking for some advice please. I became bankrupt in July 2012 and officially discharged in july 2013 (I have checked this on the insolvency register). In November 2013 myself and my husband were in a bad car crash leaving us both injured. Due to this we started a personal injury claim in February 2014. My claim has now got to the stage where an offer has been made. I just wanted to ask if it will be ok for me to receive the money. I think it's fine given that I was discharged well before the accident even happened but the worrier in me wants to be sure. I should also note that although discharged I am still making monthly contributions which will finish this year. Any advice would be much appreciated.
22/01/2015 1:40 pm
Hello Nearlyfree2015 and welcome.
I don't think that there is any issue for you here.
Hopefully one of the other experts will reconfirm this so that you can feel reassured on the matter.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
Topic starter
22/01/2015 6:28 pm
Thank you, yes that would be good.
22/01/2015 6:57 pm
TDA is correct
Post sequestration assets are called acquirenda and this relates to assets acquired after the date of sequestration, but before their discharge. So this would not apply to assets acquired after you were discharged.
The section dealing with this is S.32 and revolves around the 'relevant date' where ÔÇ£a relevant dateÔÇØ means a date after the date of sequestration and before the date on which the individual is discharged.
Mark
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
22/01/2015 7:19 pm
thank you for your reply Mark. That's good to know I thought that was the case but I knew I'd get an official answer here.
22/01/2015 7:27 pm
No problem. Glad to help.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
22/01/2015 7:27 pm
And just to confirm that's still the case even though I'm still making monthly contributions?
Topic starter
22/01/2015 8:01 pm
And just to confirm that's still the case even though I'm still making monthly contributions?
22/01/2015 8:12 pm
Yes, the key point is the discharge date.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
Topic starter
22/01/2015 8:21 pm
Ok great! Thanks again, this is a great website!
22/01/2015 8:27 pm
No probs.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
23/01/2015 6:54 pm
Hi
I am looking for some advice on PPI claim money after discharge from Bankruptcy. I have been informed by my credit card company that they will send my ppi claim money to my official receiver or trustee. My credit cards were settled in 2007. this was before I declared myself bankrupt in feb 2008. i was discharged in feb 2009 with a income payment for 12 months to the trustee. once that was finished I have not heard back from my trustee. I tried to see on the insolvency resister if my trustee is discharged of the estate but there is no information with my name on resister. Does anyone know if there is a chance that I would receive this money. Also is there any way to check if my trustee is discharged of my estate.
23/01/2015 11:57 pm
Hi bella10.
Which credit card company is it?
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
25/01/2015 10:26 pm
Do you know how much it is that is being paid out, bella10?
It is possible for a trustee to be re-appointed if further funds come to light that existed at the time of bankruptcy but were not gathered in. However, it would need to be worth their while to spend money on going through court to do this, so if it is a fairly small amount I would expect you would be fine, but a larger amount might mean a higher chance of them doing this.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
26/01/2015 12:45 pm
Hi
The amount is £2400 from LLOYDS. I have found out that the trustee was discharged of my estate in February 2013. I have been informed by the bank that they are sending the cheque to the trustee. Does this mean that I would not see this money?
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