Author Topic: bailiffs  (Read 3150 times)

craig1985

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bailiffs
« on: Dec 21, 2009, 06:45:36 AM »
I just have one question that i have had a look on the forum but have not found an answer too. I was just wondering if bailiffs could still take my belongings even if a declare bankruptcy?

Sovereign

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Re: bailiffs
« Reply #1 on: Jan 07, 2010, 01:12:14 PM »
A bailiff cannot take enforcement action after a bankruptcy order is made unless it for a secured loan.
Sovereign Consulting

bankruptcy.co.uk

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Re: bailiffs
« Reply #2 on: Mar 08, 2010, 06:15:01 PM »
Sovereign is spot on but I would like to add legal clarification to this.
 
1) Google "Insolvency Act 1986"
2) Click on the first link, this leads to this link as the first hit. http://www.insolvency.gov.uk/insolvencyprofessionandlegislation/legislation/uk/insolvencyact.pdf
3) This PDF document is the Insolvency act of 1986.
4) Scroll down to Section 283, and read subsection 2.
5) It states that all tools books and vehicles and any other items of equipment that are necessary for a bankrupt to continue his or her business work or vocation are unaffected in bankruptcy. It also goes to state that all clothing, bedding, furniture, household equipment and provisions that are necessary for you to satisfy your basic domestic needs are also exempt from the bankruptcy estate and therefore cannot be taken from you in bankruptcy.
 
IRONICALLY, you are safer from a bailiff in bankruptcy than you are outside of it!!!!

Bankruptcy was created to protect you.
 
Best of luck!!!
 
Raphael Gilbert
Raphael Gilbert
Head of Insolvency Divison www.ban

Sovereign

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Re: bailiffs
« Reply #3 on: Mar 10, 2010, 09:47:09 AM »
Good advice and spot on!
Sovereign Consulting

bankruptcy.co.uk

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Re: bailiffs
« Reply #4 on: Mar 10, 2010, 12:03:47 PM »
Thanks Soverign! Keep giving the great advice your giving, there is a huge conflict of interest between companies giving the right advice to people, and companies giving the most profitable advice for their own pocket. It's obvious your one of the good guys so please keep blogging!!!!!
 
Much love!
Raphael Gilbert
Head of Insolvency Divison www.ban