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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11752
Experience:  30 years as a practising solicitor.
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If I am already bankrupt, and an existing creditor

Resolved Question:

Hi,
If I am already bankrupt, and an existing creditor with a provable debt gets the leave of the court to start a new litigation against me, then how do I proceed? To be precise, since I am bankrupt, I cannot defend myself. I spoke to a lawyer who told me during a brief conversation that everything should be passed on to my trustee, and he should be dealing with it, he said that the trustee should be "pigeon" for me.
Is this true? I can't defend it myself because I have no money, and if I don't defend it, I lose by default, so other than my trustee standing in my place I don't see how things can proceed fairly.
Thanks
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If the debt was incurred before you were made bankrupt you should pass it to the trustee.
If it was allegedly incurred after your bankruptcy it is your problem and if you want to defend it you have to do so on your own although you might qualify for legal aid if you have a genuine defence and your income qualifies.
I hope this helps. Please leave a positive response so that I am credited for my time.
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