Author Topic: Claiming a debt through bankruptcy  (Read 18598 times)


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Claiming a debt through bankruptcy
« on: Feb 13, 2015, 10:03:03 AM »
Hi. My neighbour owes me £40,000 for structural and other major repairs which I had to carry out on an emergency basis. She refused to participate in the assessment survey or to pay her half of the building costs, as allowed for in our respective leases.
We own adjoining ground-floor flats in a large converted Victorian building.
My insurance company paid for counsel's opinion on the chances of success in a claim for the £40,000 and this proved positive.
After legal action by my solicitor she has agreed to register a voluntary charge against her property, so the £40,000 will be paid when it is sold. She has refused to set a deadline for the sale, so there is a risk that she will never sell it.
She claims she has no income to set up a payment plan. I doubt this as she has recently bought a brand new car. I have also been told that she inherited her mother's property last year.
If I apply for a bankruptcy order will the court allow 12 months for the sale of her property?