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dewhit
| 21-05-2008 01:14 PM |
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Joined: 21 May 2008 Posts: 2 | Can anyone tell me how I stand now? I was sequestrated in June 2006 and was told by the accountant in bankruptcy that I would be discharged after 3 years. However, he also told me that when Scotland came into line with England & Wales I would automatically be discharged after 12 months. I am led to believe that the rules changed on 1st April this year in which case I would have expected to hear of my discharge. The fact is, I haven't heard a word! So my simple question is; should I now be discharged or not? |
| DW George | 21-05-2008 05:34 PM |
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Joined: 01 May 2007 Posts: 174 My Profile | As far as I am aware the new legislation only applies to bankruptcies which are petitioned after 1st April. Hope this helps George |
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dewhit
| 22-05-2008 08:29 AM |
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Joined: 21 May 2008 Posts: 2 | Thank you for that. The problem I have with that is that anyone who is sequestrated from the 1st April will be discharged before me! This hardly seems reasonable and I am surprised that the Scottish Government would pass something as important as this without checking or taking account of the implications for those already in the system. I will contact the account in bankruptcy today to see what they are playing at. |
| DW George | 22-05-2008 08:53 AM |
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Joined: 01 May 2007 Posts: 174 My Profile | Good luck dewhit, let us know what the result is. |
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Reading
| 27-07-2008 11:39 PM |
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Joined: 27 Jul 2008 Posts: 2 | When English and Welsh rules changed in 2004, they took account of this. For example, I petitioned for my bankruptcy in 2003 and would normally have not been discharged for 3 years. With the rule change on 1st April 2004, I was discharged a year later on 01 April 2005 to not put me at a disadvantage due to the rule change. It would seem unfair and punitive as you say to put in place a scheme in Scotland that didn't take account of this. Not sure if this helps though the precedent south of the border may assist with making your case for discharge a year after the rule change and not your original discharge date... Regards, Reading. |
