Mark McFadyen
Mark McFadyen
@mark-mcfadyen
Famed Member
Joined: Feb 6, 2009
Topics: 60 / Replies: 4737
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RE: Pay off amounts

I meant to say that under the new guidance, discharge is now effective on registration as opposed to receipt of Form 5. Mark

12 years ago
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RE: Pay off amounts

Yes, if any windfall occurred before the discharge (Form 5) was registered in the Register of Insolvencies. Mark

12 years ago
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RE: Pay off amounts

Hi TDA I'd be surprised if acquirenda was altered by the wordng of the trust deed as it's determined by S.32 of the Bankruptcy act. This states ass...

12 years ago
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RE: Pay off amounts

Hi Amerfifer No problem. I've read enough stories on the forum to show that things don't always follow a logical process. Mark

12 years ago
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RE: Pay off amounts

Hi Amerififer In a word yes. Sometimes the easiest way to look at it ( very generally) is that the Trustee will require the total figure which was...

12 years ago
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RE: New trust deed - advice please

Hi Joannet Don't worry too much about the spolling! The vast majority of creditors in Scotland are dealt with by one company ( The Insolvency Ex...

12 years ago
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RE: New trust deed - advice please

Hi joannet You should not pay up front fees under any circumstances. The normal process appears to be a middleman who takes your details, charges ...

12 years ago
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RE: Is an IVA same as PTD?

Hi Domino99 Good point and good luck. Mark

12 years ago
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RE: Problem selling my property in PTD

I think the devil is in the detail. If there was an agreement on day one to release a specific sum and this can be achieved with the sale, then there...

12 years ago
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RE: Is an IVA same as PTD?

Hi Domino99 In a word no as the IVA is a separate process from the Trust Deed. I suppose it could mean one of 2 things, either have you entered a ...

12 years ago
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RE: Problem selling my property in PTD

Hi elaine I agree to a large extent with your point, however a lot will depend on what was agreed at the start in your particular case. Was the ...

12 years ago
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RE: Problem selling my property in PTD

Hi elainet1981 The main purpose of the Trustee is to pay a dividend to creditors in line with the proposal outlined at the start. The Trustee will...

12 years ago
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RE: Question about Full and Final

Hi jamie12 The discretion is with the Trustee I'm afraid, although there is nothing to stop you receiving your discharge via Form 5 if they accepte...

12 years ago
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RE: My tryst deed ends next year

Hi whitley87 Good post and very philisophical. I've been doing this job for 25+ years and it shows clearly how life changes from one moment to t...

12 years ago
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RE: LILA Application

Hi sezzie More than likely the bank will close it, normally by checking the register of insolvencies as most banks will cross check against account...

12 years ago
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