Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Here's a question I have not seen come up anywhere before so maybe someone might know the answer.
If you are succesfully taken to court by a creditor, but you declare bankruptcy afterwards, what happens to the debt?
Would it just be dealt with like any other creditor and still written off after 12 months, or as it went to court would it stay regardless of any bankruptcy.
Not at this stage yet, but several of my creditors are likely to succeed if they went to court so putting together 'Plan B'!
Thats right. For example they win in court and say the judge awards them £5k, and I later file for bankruptcy.
What happens to that 5k? I would have thought they would still be a creditor for 5k and would be dealt with like any other creditor, but wondered if this has happened to anyone else?
I'm not sure, but logically I'd say that even if they win, once you declare bankrupt that wipes out almost all your debts unless the receiver determines you have disposable assets which would then be apportioned to your creditors accordingly.
I'm not sure that it would matter if a couple of creditors had already taken you to court and others had not. I believe the receiver contacts all of them anyway.
If you've already been taken to court and £xxx has been awarded to one creditor, then either you have the sum to pay it or have assets to dispose of (eg fancy car) to pay it off, offer to pay £yyy per month, or declare bankrupt and let the receiver deal with it.
Bankruptcy & County Court Judgements
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