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Alex J.
Alex J., Solicitor
Category: Bankruptcy Law
Satisfied Customers: 3557
Experience:  Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
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I was bankrupt in 1998 and duley discharged. I had several

Resolved Question:

I was bankrupt in 1998 and duley discharged. I had several small pensions one with a value today of £4.500.00 and one with a value today of £33.000 how do I know if my trustee at the time has any interest in them as I would like to draw them down towards a mortgage ?
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  Alex J. replied 9 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Normally pensions are excluded from bankruptcy. In any event any claim by the trustee would potentially be statute barred. Did the trustee inquire about your pension at the time? Presumably payments have been made post bankruptcy? Kind regards AJ

Customer: replied 9 months ago.
trustee DID NOT ENQUIRE ABOUT PENSIONS AND THESE HAVE HAD NO PAYMENTS IN SINCE BEFORE MY BANKRUPTCY, THE REASON FOR THIS QUESTION IS ONE OF THE PENSION COMPANIES ASKED IF I HAD EVER BEEN DECLARED BANKRUPT
Expert:  Alex J. replied 9 months ago.

Hi, Thank you. They may be obligated to write to the trustee concerned, but your pension will only form part of your estate in bankruptcy if excessive contributions were made to it. In what context are they asking the question? Is it to release the money? Kind regards AJ

Customer: replied 9 months ago.
TO RELEASE MONEY TO ENABLE ME TO GET A MORTGAGE RATHER THAN RENT A HOUSE WHICH I HAVE BEEN DOING SINCE MY BANKRUPTCY. GIVING MY WIFE MORE SECURITY AS WE ARE BOTH NOW IN OUR 60'S
Expert:  Alex J. replied 9 months ago.

Hi, Thank you. Do you know who the trustee is? As I have said the pension is not part of your estate in bankruptcy, but you do not want to risk having the pension company pay the money to the trustee. Can you ask the trustee to confirm in writing that they have no interest in your pension? Kind regards AJ

Alex J., Solicitor
Category: Bankruptcy Law
Satisfied Customers: 3557
Experience: Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
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