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Ex gone bankrupt, and Offical Receivers letter

  • spudnik
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14 Oct 15 #468041 by spudnik
Topic started by spudnik
Hi All

This is my first post, hope someone can help.

I separated in June 2012 due to my ex''s affair. We did the divorce ourselves and it was final in January of 2013. We have 1 child now age''d 10 that has always live with me in the Family home. They was no assets as such as debt outweighed assets. We made a family agreement that she would leave the family home debt free in exchange of me taking on the debt and would transfer the house and deeds to me after the divorce was final. It had 14K equity at the time and I took 25K in debt. She did the transfer in January of 2014. Fast forward to today. I have received a letter from an Official Receiver saying my ex has gone bankrupt and the letter is asking about the transfer and for financial details.

This concerns me deeply. Can someone please advise as to what is going to happen?

Thanks

  • LittleMrMike
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15 Oct 15 #468067 by LittleMrMike
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I would say it was a '' fishing '' letter designed to elicit some facts.

In theory, the trustee could apply to have the transfer set aside IF he can prove that it was done with the intention of defeating the claims of creditors.

The difficulty from the trustee''s point of view is that two years have passed since the disposal.

I doubt if the claim would succeed, but you do really need to take advice here before you reply. Not to do so would be a false economy.

LMM

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15 Oct 15 #468075 by spudnik
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Hi LittleMrMike

Thanks for your response, unfortunately I have already emailed the examiner, but with only some basic information as above about our agreement.

I must say I''m worried sick as I''ve only just started to get my life back together.

Do any other forum members have a view on this?

Thanks again wiki members.

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15 Oct 15 #468085 by LittleMrMike
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I suspect you should be all right. There was a perfectly reasonable reason for the transfer - namely a split of assets following divorce.

If the trustee wants to prove otherwise , it is up to him to prove that assertion.

LMM

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