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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Bankruptcy Law
Satisfied Customers: 23
Experience:  Senior Partner at Berkson Wallace
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Before you proceed with answering this question please first confirm to me that you were a bankruptcy lawyer]Question: What becomes of [1] an Income Payment Order, [2] any other orders of the court that were yet to be fulfilled and [3] any cost orders that had not yet been made or sealed, in relation to an existing bankruptcy order, if a former bankrupt (i.e. a debtor who had been discharged from a bankruptcy order) was made subject to a second bankruptcy order?
Submitted: 8 months ago.
Category: Bankruptcy Law
Customer: replied 8 months ago.
I would like to add to the question:I was discharged from bankruptcy 18 months ago. The property side of things has been settled by my wife buying back the equity from the Trustee. However the Trustee has applied for, and been granted, an IPO which takes 92% of my income. I am appealing this unjust decision.It was my understanding that I was released from all my bankruptcy debts at the time that I was discharged. That being the case - and the Trustee has failed to answer this question - what would be the purpose of the IPO since the debts to all my creditors had been written off? As far as I can reason, I no longer have the creditors connected to the bankruptcy order.
Expert:  Alex J. replied 8 months ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. Do you have a discharge date for the first bankruptcy? Kind regards AJ

Customer: replied 8 months ago.
The first bankruptcy order was made on 28 April 2015 and discharged on 28 April 2016..In relation to the very unfair IPO, I provided documentary evidence that my income comprised my NHS pension of £2719.50 + Stare pension of £538.88, a month + variable, uncertain and unpredictable income from.independent medicolegal practice. The Trustee told the court that I also had a monthly income of £2100 from work with the General Medical Council and the Court accepted her story even though I had supplied a letter from.NHS England confirming that that job ended in May 2016.The TinB also told the Court that I could pay all my personal expenses quite comfortably with £1000 a month, even though my professional subscriptions alone amount to £622 a month.I am now considering putting myself forward for a second bankruptcy order because I am no longer able to pay my debts. Currently the IPO stands at £2500 a month, paid directly from my NHS pension to the TinB, so my monthly income is what remains of the NHS pension (£219.50) + the State pension (£538.88) and any medicolegal income which is not every month. I cannot live on £758.38 a month.To make things worse the TinB has applied for an increase in the IPO amount to £3000, saying that she wants the whole of my NHS pension of £2719.50 and I should find an additional £280.50 from wherever to pay directly to her. 'Wherever' would be my State pension. By the way I am 68 years old and have the TinB, her Solicitors, her Barristers and the unfair and unjust Court all ganging up on me, and I am not represented because I cannot afford the fees.You can understand why I am asking what would become of the existing IPO in the event of a second bankruptcy. I have asked two insolvency practitioners and they said different and confusing things - including that I could not apply for a second bankruptcy if I had already been discharged from the first, my creditors in the first bankruptcy were part of my bankruptcy estate, all the debts of my previous bankruptcy were written off on 28 April 2016 when the order was discharged but I was still liable for them, and the existing IPO would continue in a second bankruptcy with payments still being made to the existing Trustee.Regards.