Does bankrupcy not free me from this debt?

[ms.b]

I was seperated from my wife when declared bankrupt. Had joint mortgage which she is not fully paying. I am being chased by mortgage company. Does bankrupcy not free me from this debt?

[Adam Davies]

Hi
Surely your interest in the property was dealt with when you were made bankrupt ?
Regards

Andy Davie
IVA.co.uk Spokesperson

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[MelanieGiles]

The mortgage company are within their rights to chase you, as secured creditors are not affected by insolvency proceedings. If you and your ex-wife do not pay the mortgage, then the mortgage company will proceed with possession proceedings. As you no longer have any personal interest in the property, I suggest that you refer this to the Official Receiver or the Trustee who is acting for you.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
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[ms.b]

Thanks for the advice so far.

I have already contacted the trustees of my account and the mortgage company saying I am not going to pay the mortgage. As I declared this debt in the bankruptcy proceedings what can I do to prevent the poor credit score I am getting for the arrears she is building up when I have no interest whatsoever in the property

[MelanieGiles]

Poor credit score!!! You are bankrupt are you not?

If you were worried about your responsibilities under this account, then you should have agreed a property adjustment order with your wife at the time of your separation. Is there any equity in this property?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[ms.b]

I was advised by OR not to sign a proposed transfer form in case it was seen as fraud. The point I am trying to make is that bankruptcy in March 2005 should have discharged me from the pressure of bad debt and allowed me to run my finances in a sensible and solvent way which I have done for nearly 3 years. I can not prove this to credit agencies as arrears outside my control build up

[MelanieGiles]

But the bankruptcy stays on your record for 6 years in any case, and you were always jointly liable for the secured debt - which as I have said was not affected by your insolvency.

As I assume that you are now discharged from your bankruptcy, are you able to assist your ex-wife in paying something towards the arrears, or at least a half-share? And what is your intention with regard to divorce and property division?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp