Bankruptcy and MCOL

[NiceCupOfTea]

Hi chaps,

Not sure whether to put this in here or Jobs/Employment section.

Basically, I am owed some money for music instrument lessons by a parent who has been declared bankrupt and I'm wondering if it is worth chasing.

Salient points:

• Signed contract exists between me and both parents are named.
• Father has been declared bankrupt (have checked this)
• No communication received from parent at all
• Totally irrelevant but living in very big house and with nice cars!

Do I have a hope given that only one parent is bankrupt? Will the other have to pay or is this a red herring? I can name both parents on the MCOL form.

I am aware that "winning" the judgement is only a small part of it and getting paid is something else entirely. Just want to know if I am flogging a dead horse before I commit myself to losing any more money by bringing the MoneyClaim.

[CDP]

Find out who the official receiver is and register your claim with him. It may be that you can settle on a smaller amount with the debtor, though the receiver will need to be informed and approve.

When I had to go through this process I received about 8p in the pound five years after the the bloke had been declared bankrupt. Having said that the list of creditors was very long and I was surprised to get anything...

[Jasandjules]

How much is the claim worth? Is it really worth your time and effort, and paying out a fee to lodge the claim...

[Du1point8]

Can OP not go after the other non bankrupt parent?

[Cooperman]

If one of the signatories is not bankrupt, then that person will be liable. I believe it is called a 'joint & several' liability.

[Du1point8]

Cooperman said:

If one of the signatories is not bankrupt, then that person will be liable. I believe it is called a 'joint & several' liability.

This is what I was thinking.

A+B take out a contract with Company C, A goes bankrupt, B is liable for it all as its a joint contract.

Much like a mortgage and one person on a joint mortgage not paying then the bank goes after the one that can.

[JustinP1]

Sue the mum.

Don't bother suing the dad.

Can you?

Yes. I just successfully sued my ex-landlord, one of whom died. Her solicitor was very keen to convince me that I should sue the dead husband's insolvent estate. I declined, and won agains the living landlord who then made themselves bankrupt.

Don't even bother naming the father on the forms. Less wriggle room. You won't get anything from the father, and it won't be worth the MCOL money.

[Cyberprog]

Yep, IIRC, in the absence of an agreement to the contrary, they would be held jointly and severally liable.

[NiceCupOfTea]

Thanks guys, very useful. Amount is only £200 or so but might be worth a punt for the £25 outlay. Exploring other avenues first though...

As an aside I have checked the details of their insolvency from the public court records, and it is listed with an "order date" of Oct 2013 and a Status of "Discharged Oct 2014". Have I read this right and in fact they are now no longer bankrupt as of last month?

[Du1point8]

NiceCupOfTea said:

Thanks guys, very useful. Amount is only £200 or so but might be worth a punt for the £25 outlay. Exploring other avenues first though...

As an aside I have checked the details of their insolvency from the public court records, and it is listed with an "order date" of Oct 2013 and a Status of "Discharged Oct 2014". Have I read this right and in fact they are now no longer bankrupt as of last month?

Still I would not chase him, to be honest he might have included your debt as part of his bankruptcy and no-one contacted you as you were too low down the pecking order to get anything.

Address her only as the person to pay.

(Get some advice on the above off a real insolvency person to make sure Im not spouting crap though).