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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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A personal bankruptcy in the year 2000 without a creditors

Resolved Question:

a personal bankruptcy in the year 2000 without a creditors meeting called however, a proof of debt-generel form 6.37 under rule 6.96 was issude in 2009. the alledged creditor was not on the list of approved debts in the first year of a three year administration therefore, is there limit/cut off date for a proof of debt to be issude ? if so i would be most greatfull for your urjent advice.
kind regards
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Max Lowry replied 1 year ago.
Hi, welcome to the site. My name is ***** ***** I will help you with your question. Could you please tell me if you still require assistance with your question?
Customer: replied 1 year ago.

I have not been supplied with my answere as yet, i would be greatfull for your relvant information required.

what more information do you need ?

kind regards

***** *****

Customer: replied 1 year ago.

what more information do you need ?

regards

***** *****

Customer: replied 1 year ago.

i have no other information please advise

regards

***** *****

Expert:  Max Lowry replied 1 year ago.
Hi Chris, could you please tell me whether a) the bankruptcy has been discharged and b) if you are aware your Trustee/Official Receiver is still investigating/working on the bankruptcy?
Thanks
Customer: replied 1 year ago.

the bankuptcy was discharged after an application was made and within the oppropiate time, and the discharge document had no conditions attached. the trustee is still working on the case, which is on the bases of my request to disclose all relevent papers however, to date he is refusing on bases that, the information is privy to him only and i am a third party and throeout the 15 years he has provided me with estimated debts only.

the bankrupt petition was in august 2000 however, a proof of debt was provided in 2009 which was supported by an hand written note from the claiment to himself, and claiment was not on the creditors list in any event,

it appears to me that the trustee can issue me a proof of debt at any time for the rest of my life, therefore, surely there must be a cut off point, i would be most greatfull for your much needed advise.

kind regards

***** *****

Expert:  Max Lowry replied 1 year ago.
Thanks for the additional information. I'm surprised the bankruptcy is still being administered after all these years. What is investigating/pursuing after all this time? If he is carrying out his duties correctly and for the right reasons then he may have legitimate reasons to keep the bankruptcy open even though you have been discharged.
If the debt in question was a proper debt before the bankruptcy order was made then that creditor will remain a creditor in the bankruptcy. That creditor is entitled to submit its proof of debt anytime before the final distribution is made. This date will be at the discretion of the trustee.
If you are not happy about the way the bankruptcy is being administered you are entitled to ask the trustee in writing what he is exactly doing. If he doesn't respond or is being difficult you are entitled to complain to his regulatory body.
Please let me know if I can clarify anything for you.
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
Max Lowry and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Many thanks for your information, i have ask the trustee to disclose all correspondence he has had throe out however, he refusers on the grounds that # (1) that information is personal to him only dispite the facts that it now appears there is no creditors after all these years and he has yet to claim his fees which will be coming out of my bankruptcy estate (2) i need his discloser in order to provide evidence in my complaint (3) going back to the said proof of debt, attached to the form is clearly nothing more than a hand written statement that the alledged creditor wrote to himself with what appears to be an in-correct date 05/05/000 therefore, is this a valid proof of debt ?

kind regards ***** *****

Expert:  Max Lowry replied 1 year ago.
Hiya, on the face of it the proof is probably admissible but you should remind the trustee that it is not valid and that he should properly investigate the circumstances of the how the debt arose. Tell him in writing your concerns about the validity of the proof and that you in any event consider it possibly fraudulent. Ask him not to admit the debt. Ask the trustee to respond in writing to you. You can then Consider how you take it forward.
I hope this helps.
I would be grateful if you could kindly rate the service you have received so far.
Max

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