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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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in Bankruptcy, will my Civil Partner be expected to provide

Resolved Question:

in Bankruptcy, will my Civil Partner be expected to provide information to the trustee? the home we live in his sole asset, he purchased it by mortgage some 8 years prior to meeting me.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

No, your civil partner will not be expected to provide information to the trustee. This would be the responsibility solely of the bankrupt person.

Customer:

so will I be expected to provide information on my civil partnerships income etc? we hold separate bank accounts?

tdlawyer :

No, only your income is important.

tdlawyer :

The trustee/official receiver has no claim against the assets of your partner.

Customer:

can i ask a question in relation to mobile phone contracts in bankruptcy?

Customer:

if you had a phone on a 24 month contract, and it hasn't crossed the 24 months when you are made bankrupt what would happen with the phone?

tdlawyer :

The contract would probably be disclaimed, i.e. ended by the trustee/official receiver. This is if he thought it was onerous (which as a liability, it probably would be), but he wouldn't disconnect it if it was needed for work purposes.

Customer:

but I would assume the mobile phone company would disconnect if i was declared bankrupt?

tdlawyer :

They probably wouldn't know until somebody tells them!

tdlawyer :

That'll either be you or the trustee/official receiver.

Customer:

oh I thought the trustee would contact them?

tdlawyer :

He could ... but only if he thinks it worth it.

Customer:

Oh I thought he just automatically fired letters off to everybody you have any financial connection with

tdlawyer :

It might be needed for work, in which case, he can't cancel it. Also, bankruptcy doesn't bring a contract to an end automatically, unless you agree that this should happen.

tdlawyer :

It might in the phone companies terms and conditions - but again, until they're contacted, they're not going to know. It's not like a bank, which would know automatically (they have people sifting through the papers every day).

Customer:

oh okay, it's the only means of contact I have so would need it for any job enquiries

tdlawyer :

Then make that clear to the trustee. I expect the phone company would continue it so long as they're paid.

Customer:

thank you for your help.

tdlawyer :

You're welcome.

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