Privacy Rights Post Bankruptcy

Discussion in 'Personal Insolvency, bankruptcy, etc' started by Going forward, Nov 17, 2016.

  1. Going forward

    Going forward Registered User

    Posts:
    37
    Received an email from OA regarding printing my name in the daily newspaper in regards to payment of monies to creditors. I am out of bankruptcy since July 2016. Have they the right to print my name as I am out of bankruptcy.
     
  2. Jim Stafford

    Jim Stafford Frequent Poster

    Posts:
    305
    Whilst debtors are now automatically discharged from bankruptcy in 12 months, the commercial reality is that it can take years for the OA to realise assets. If the OA is going to pay a dividend, he would ordinarily place adverts seeking creditors' claims. In short, there is no privacy entitlement to such adverts.

    Jim Stafford
     
  3. Silvio Dante

    Silvio Dante Frequent Poster

    Posts:
    127
    Last edited: Apr 11, 2017
    Hi,

    Sorry I missed this topic.
    I believe the new laws have flummoxed the OA (essentially, they have gone from 12 years to 1, since 2013) and they are struggling.
    While I agree with Jim on the advert and assets not disposed, there appears to be others issues regarding privacy post discharge.

    Can the OA for instance still contact a lending institution if the asset has revested, with the discharged bankrupt?
    I would tend to believe they cannot do so without his/her consent for a host of DP legislation reasons, and in fact they have no right to seek or be granted access by the bank.

    ??
     
    Last edited: Apr 11, 2017