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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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My brother has had a stroke and is extremely ill. In a nursing

Customer Question

My brother has had a stroke and is extremely ill. In a nursing home. He has unsecured debt of £1m+. I am helping, but need to know his status as far as his creditors are concerned. He is not in control of his affairs.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What assets does he have? House, savings, money in the bank account etc?
Customer: replied 3 years ago.

He has about £30,000 in a joint bank account, his house is mortgaged to about 90% of value. He is owed £1.45m from his company which is now in receivership.

Customer: replied 3 years ago.

Have you received my reply ?

Customer: replied 3 years ago.

I think the main issue is that one creditor is now threatening to issue formal demand which he is unfit to answer or defend.

Customer: replied 3 years ago.

I cannot stay by the computer much longer. Can you give me any sort of answer today ?

Expert:  Jo C. replied 3 years ago.
The reason that you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

Is there any chance that he will get the £1.45 million that he is old from his company bearing in mind that it is in receivership or is that not going to happen?

Is he therefore in effect insolvent?

Assuming that he was capable, on what basis would he defend the action of the creditor?

Does he have a wife or children living in the house?

How much is the house worth?