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date: Mon, 09 Nov 2009 18:15:07 +0000,    group: uk.legal.moderated        back       
Debtors and bankruptcy   
If you have a CCJ against an individual, and that individual 
subsequently files for bankruptcy, does that mean that any chance of 
getting any payments from the CCJ (ie via attachment of earnings etc) at 
any time in the future is gone?
date: Mon, 09 Nov 2009 18:15:07 +0000   author:   Lobster

Re: Debtors and bankruptcy   
On Nov 10, 7:15 am, Lobster  wrote:
> If you have a CCJ against an individual, and that individual
> subsequently files for bankruptcy, does that mean that any chance of
> getting any payments from the CCJ (ie via attachment of earnings etc) at
> any time in the future is gone?

Yes. you can only get a pro rata share of what the receiver can cash
up or obtain during the bankrupcy.  Once the three years or whatever
is up the debtor has a 'clean slate'.  There are probably some
exemptions for Crown debt such as welfare benefit overpayments.
date: Mon, 09 Nov 2009 19:10:06 +0000   author:   peterwn

Re: Debtors and bankruptcy   
"Lobster"  wrote in message 
news:vXYJm.94451$F%2.63919@newsfe19.ams2...
> If you have a CCJ against an individual, and that individual subsequently 
> files for bankruptcy, does that mean that any chance of getting any 
> payments from the CCJ (ie via attachment of earnings etc) at any time in 
> the future is gone?

Yes.

Peter Crosland
date: Mon, 09 Nov 2009 19:16:17 +0000   author:   Peter Crosland

Re: Debtors and bankruptcy   
peterwn wrote:
> On Nov 10, 7:15 am, Lobster  wrote:
>> If you have a CCJ against an individual, and that individual
>> subsequently files for bankruptcy, does that mean that any chance of
>> getting any payments from the CCJ (ie via attachment of earnings etc) at
>> any time in the future is gone?
> 
> Yes. you can only get a pro rata share of what the receiver can cash
> up or obtain during the bankrupcy.  Once the three years or whatever
> is up the debtor has a 'clean slate'.  There are probably some
> exemptions for Crown debt such as welfare benefit overpayments.

Exceptions are at page 9 of this link. Don't appear to apply to your case.

Give details of what you are due to the receiver and you may get some 
pence in the pound or not.
date: Mon, 09 Nov 2009 19:45:07 +0000   author:   Invisible Man lid

Re: Debtors and bankruptcy   
Invisible Man wrote:
> peterwn wrote:
>> On Nov 10, 7:15 am, Lobster  wrote:
>>> If you have a CCJ against an individual, and that individual
>>> subsequently files for bankruptcy, does that mean that any chance of
>>> getting any payments from the CCJ (ie via attachment of earnings etc) at
>>> any time in the future is gone?
>>
>> Yes. you can only get a pro rata share of what the receiver can cash
>> up or obtain during the bankrupcy.  Once the three years or whatever
>> is up the debtor has a 'clean slate'.  There are probably some
>> exemptions for Crown debt such as welfare benefit overpayments.
> 
> Exceptions are at page 9 of this link. Don't appear to apply to your case.
> 
> Give details of what you are due to the receiver and you may get some 
> pence in the pound or not.

Now with the link added.

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guidetobankruptcy.pdf
date: Mon, 09 Nov 2009 19:50:04 +0000   author:   Invisible Man lid

Re: Debtors and bankruptcy   
On Nov 10, 8:50 am, Invisible Man <invisi...@invalid.invalid> wrote:
> Invisible Man wrote:
> > peterwn wrote:
> >> On Nov 10, 7:15 am, Lobster  wrote:
> >>> If you have a CCJ against an individual, and that individual
> >>> subsequently files for bankruptcy, does that mean that any chance of
> >>> getting any payments from the CCJ (ie via attachment of earnings etc) at
> >>> any time in the future is gone?
>
> >> Yes. you can only get a pro rata share of what the receiver can cash
> >> up or obtain during the bankrupcy.  Once the three years or whatever
> >> is up the debtor has a 'clean slate'.  There are probably some
> >> exemptions for Crown debt such as welfare benefit overpayments.
>
> > Exceptions are at page 9 of this link. Don't appear to apply to your case.
>
> > Give details of what you are due to the receiver and you may get some
> > pence in the pound or not.
>
> Now with the link added.
>
> http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guidetobankrupt...


I am greatly surprised. I thought that the Whitehall manderins would
have had this one tied up nicely.

IMO if there is a benefit overpayment because of fraud, and small
deductions are made from subsequent benefit payments to cover this, I
cannot see why such deductions cannot continue during and after
bankrupcy. Fairs fair for the long suffering taxpayer who has been
ripped off.

Ceriainly if I was in sir Humphry's shoes, I would be advocating such
legislation.
date: Wed, 11 Nov 2009 21:15:06 +0000   author:   peterwn

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