Hi, My wife is going to declare bankrupcy if her next full and final offer is refused by Abbey nationals solicitor. Really my question is, can she declare bankrupcy against the alleged debt, or will she have to wait until a judgement is issued against her before starting the proceedings. Any comments or advice would be appreciated

Thanks

-- Andy (abaker113@hotmail.com), December 06, 2004

Answers

Andy,

As I understand it she can declare insolvency at any time, if there is a judgment then bankruptcy has to be pleaded in the defence, it's not automatic. Best to check with the OR, see: http://www.insolvency.gov.uk/

Mark.

-- M Amos (idgroms1@yahoo.co.uk), December 06, 2004.

Thanks for the answer Mark, but what

-- Andy (abaker113@hotmail.com), December 07, 2004.

Thanks for the answer Mark, but what I meant was if she goes bankrupt could the alleged debt be not counted as it has not yet been proven to be a debt, potentially they could wait until you are discharged from bankrupcy and then take you to court for it. Should you wait until they have a legal judgement for the amount before declaring bankrupcy.

Thanks for your help

Andy

-- Andy (abaker113@hotmail.com), December 07, 2004.

Andy,

Not sure of the answer to that one. Why not post this question on Simon Wiggins' site he's well up on bankruptcy law I believe. Go to www.debtquestions.co.uk

I was also told by a solicitor that you can fight a case, lose (hopefully not, of course) and then declare insolvency afterwards. But please check.

Mark.

-- M Amos (idgroms1@yahoo.co.uk), December 13, 2004.