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TOPIC: Forced Sale

Forced Sale 08 Mar 2011 08:26 #164

My husband has just come out of bankruptcy however as he/we have assets no settlement has been agreed yet. I am trying to buy my husbands share in the house and also buy his other solely owned assets. However, the OR is pushing for more monies and asking for some evidences of my claims (going back 30 years!).
I cannot raise any further funds and am now frightenend that although a substantial offer has been made, the OR will force a sale on all assets.
How much notice will I/my husband get of any actions?
Can the proceedings be stopped once started, should I find that I can raise more money?
Any assistance would be greatly appreciated.

Re: Forced Sale 08 Mar 2011 08:39 #165


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  • Jon
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Hi,

If you feel the OR is being unreasonable, there is a complaint process at the government's insolvency web site that you can go through.

As for the selling of a property, they can give you up to 12 months to move, that would be if there was family/children involved.

The best that you can do is to make the best offer you can, substantiate/prove it with as much documentation as possible, and prove your claims as best you can.

You may need to get another person such as an insolvency practitioner or accountant to assist you in this.

Let me know how you get on with this.

Regards,

Jon

Re: Forced Sale 10 Mar 2011 08:13 #176

Thank you for your response.
I am not sure that the OR is being unreasonable, but I feel he has a significant offer to return all assets back to my husband. They are insisting on a face to face meeting at end of March, where I am supposed to prove my claim.
I already have an IP and he keeps telling me that OR needs evidence of my claims on all assets. I have been married to my husband for 25 years and was with him 10 years before marriage. He bought some assets, in his sole name, always for the benefit of the family and in most circumstances I never questioned 'who's name' they were in, until now. I have tried to get proof of my involvement in the early stages, but no-one has documentation after six years.
If I was to divorce my husband, surely I would be entitled to at least 50% of these assets anyway.
Would it help if I signed an affidavit/witness statement to substantiate my claims? Is this acceptable at all?
When would the 12 months commence from if a forced sale were to happen?
Can this procedure be stopped, once started, should I be able to offer any more monies?

Regards,
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URL: bankruptcy.org.uk/forum/8-technical-bank.../164-forced-sale#165

Message:
-----
Hi,

If you feel the OR is being unreasonable, there is a complaint process at the government's insolvency web site that you can go through.

As for the selling of a property, they can give you up to 12 months to move, that would be if there was family/children involved.

The best that you can do is to make the best offer you can, substantiate/prove it with as much documentation as possible, and prove your claims as best you can.

You may need to get another person such as an insolvency practitioner or accountant to assist you in this.

Let me know how you get on with this.

Regards,

Jon
-----

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Re: Forced Sale 10 Mar 2011 09:30 #177

If you have an IP working on this for you, you may want to discuss this with them as they would have all the details of the bankruptcy, property and everything involved. In addition, they should be more in tune with what will happen as they are an insolvency practitioner.

Regards,

B

Re: Forced Sale 10 Mar 2011 10:58 #178

Thank you, but I just don't trust anyone anymore - that's why I am seeking independent knowledge and feedback from this forum. I cannot afford to pay to get another opinion.
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