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Max Lowry
Max Lowry, Advocate
Category: Bankruptcy Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I have small pension pot of £8000 my only private pension,

Customer Question

I have small pension pot of £8000 my only private pension, still self employed. Bankruptcy was 1993, is it right the OR can take it, tried to withdraw but was told the OR had an interest in it.
How long can they can come back and take any assets I may have? Ie since bought a house again
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Max Lowry replied 2 years ago.
, welcome to the site. My name is ***** ***** I will help you with your question. In short, it is correct that the trustee can take the pension pot as your bankrupty was pre 2000. The Government changed the law in May 2000 and such pensions became exempt.
It is very unlikely that after the time since your bankruptcy the trustee will have any interest or be entitled to any interest in your assets. The usual rule is 3 years. After this time he will no interest in your assets. Usually, in old cases like yours it is only the pension pot that he is entitled to because you are now entitled to draw down on it.
I hope this helps.
Max