Our Personal Insolvency Team is led by Manni Dhillon, which has successfully recovered assets in a number of complex cases in difficult situations.
Too often, creditors consider that once someone is bankrupt there is no chance of seeing their money back. The insolvency legislation gives us power to investigate whether all assets have been disclosed and, if found, to repatriate to the estate. This is often the best chance of seeing a recovery, but it is not always adequately pursued".
SKSi have achieved tangible results from a focussed approach to bankruptcy, which has resulted in creditors receiving money they had previously written off. One example is where we were appointed as Trustees in Bankruptcy where the Bankruptcy Order was made some 8 years previously.
The Debtor had consistently failed to cooperate with the Official Receiver and had not disclosed his full asset base. Following our extensive investigations, we were successful in identifying and establishing ownership of a buy-to-let property. We obtained a Possession Order, which was enforced and, as a consequence, we were able to make a substantial recovery for the benefit of the Bankruptcy Estate. Despite not being expected by unsecured creditors we were able to pay them a dividend. The Debtor is now cooperating with us and we expect a resolution whereby he will receive his eventual discharge from his Bankruptcy allowing all parties including the Debtor to move on.
In Scotland we have achieved similar successes, in one instance a creditor raised a sequestration petition against an individual debtor in respect of a longstanding debt in excess of £25,000. On appointment of the Trustee, investigations ascertained that the debtor held significant liquid assets which exceeded the value of his total debts. These assets were secured by the Trustee and creditors were repaid in full within six months of the Trustee’s appointment.
This shows that with the right experience and approach, creditors need not necessarily write off debt when they see a Bankruptcy or Sequestration.
If you have been notified of a bankruptcy or sequestration and would like to discuss how we might help, please contact Manni Dhillon.