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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I went bankrupt 19 years ago in england,im now nearly 65 and

Resolved Question:

i went bankrupt 19 years ago in england,im now nearly 65 and i have a prudential pension matured,the pru asked me if i was ever bankrupt and i was honest and said yes,they informed the bankrupcy agency who now intend to claim my pension to pay the creditors.do i have any fighting chance to fight for this pension
Submitted: 2 years ago.
Category: Law
Expert:  Max Lowry replied 2 years ago.
Hi, welcome to the site. My name is ***** ***** I will help you with your question. Could you please tell me, what type of pension is this?
Thanks
Customer: replied 2 years ago.

hi max,it was a pension taken out for me when i was 16 years old,it is a personal retirement pension with profits

Expert:  Max Lowry replied 2 years ago.
Thank you for the additional information. Your personal pension policy falls into the category of pensions where the bankruptcy petition was issued before 29 May 2000. These types of pensions are therefore caught by the law as being an asset in your bankruptcy estate. In all cases therefore where the bankruptcy petition was issued before this date, all personal pension policies vest in the trustee in bankruptcy. Case law confirms this point.
The trustee can commence a claim at court to force you to hand over the lump sum you are entitled to receive from the pension together with any income you are entitled to receive.
I'm afraid to say if you defended the action you would not be successful and would get an order for costs made against you.
Customer: replied 2 years ago.

so i have no hope in getting the money

Expert:  Max Lowry replied 2 years ago.
I'm afraid the law is not on your side. I would have make representations to the official receiver that you need a reasonable proportion of the money to survive. I'm a firm believer that if you don't ask you don't get. You've got to at least give it a try.
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