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Discharge from bankruptcy & windfall

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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi bella10

If both you and the trustee have been discharged then the trustee will have no right to the funds and these should be sent to you.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Technically the trustee can seek a Sheriff's permission to be re-appointed to the bankrupt estate though, specifically to gather in funds that have come to light that existed at the date of sequestration but were never gathered in. PPI funds from debts taken out before you were bankrupt would technically fall into this category.

I know for certain that the Accountant in Bankruptcy has been doing this in several cases where she was Trustee and where significant PPI funds have come to light after the Trustee's discharge. I'm not sure whether your ex-Trustee would do this for the sake of ยฃ2400, Bella10, but it is possible I'm afraid.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@bella10)
New Member
Joined: 11 years ago
Posts: 4
 

Hi Mark
Many thanks. I have had verbal confirmation from my true stee today that the last meeting with my creditors was 28/02/13. This was the final meeting to close the matter. would I have to request this money from my trustee? Also will they look into opening the case again?


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi bella10.

As Kevin has explained, unfortunately I think you're going to have to wait and see what they decide to do once they become aware of this payment.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@bella10)
New Member
Joined: 11 years ago
Posts: 4
 

Hi
Thank you all for the information and advice. I will keep you posted of the outcome once I hear from my trustee.


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Please do, bella10. Fingers crossed!

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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