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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 34494
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was divorced a few years ago and have a General

Customer Question

Hello, I was divorced a few years ago and have a General Form of Order - Ancillary Relief from the Court, in this order my Ex wife is to pay 50% of a loan we both had that is secured on my property, I have just discovered that my ex wife has made herself bankrupt the beginning of this month. I have been told that as the court order was part of a divorce settlement it doesn't full as part of a debt and is not included in the bankruptcy, is this true?Thank you
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Clare replied 1 year ago.
http://www.familylawweek.co.uk/site.aspx?i=ed97961
Clare and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Clare, You have helped me recently and told me that General Form of Order - Ancillary Relief from the Court after our Divorce can not be included in my ex's brankruptcy however this morning I have received from The Insolvency Service a notice that it has been included. Can you please advise if or what any action I can take. Thank you
Expert:  Clare replied 1 year ago.
Hi
What exactly does the letter say?
Clare
Customer: replied 1 year ago.
I am trying to attach a copy of the Bankruptcy Notice but for some reason its not allowing me to, I have spoken with The Insolvency Service and have been told that the debt from the court order is in the Banks Section on the Creditors List, is there another way I can send you a copy
Expert:  Clare replied 1 year ago.
Right that is helpful.The debt will indeed appear on the paperwork - but your Order will survive the Bankruptcy nonetheless
Customer: replied 1 year ago.
Whats my next action then?
Expert:  Clare replied 1 year ago.
Hi
You simply write to your ex and inform her that she s still bound to pay YOU (not the bank) half of the loan payments and that if she does not do so you will apply to the court to enforce the order
Clare
Customer: replied 1 year ago.
Thank you, ***** ***** do that, it has allowed me to upload the file now
Expert:  Clare replied 1 year ago.
Yes that is just the standard letter
Customer: replied 1 year ago.
Am I able to pay and ask another question with you regarding what we have been talking about
Expert:  Clare replied 1 year ago.
Hi
Yes of course you are
Clare