Hi,

My question relates to whether someone who has declared themselves bankrupt can still be liable for debts that they failed to inform the official receiver of.

The full details: My sister and a colleague took on the lease of a pub (as joint tenants, his name comes first on the tenancy agreement) and ran the premises for four years. They leased the pub from a large pub management company. During that time they invested approx. £10,000 into the property and furnishings. My sister had the better credit rating and is much more organised so most of these bills were arranged under her name, trading under the pub's name. The pub was not a success and neither of them ever drew an income; we all thought that they were covering their overheads but that now appears to not be the case.

They left the first pub and set themselves up in a second. During this time the colleague declared himself bankrupt, to get himself off paying some credit card bills. He was too lazy to inform the official receiver of the approx. £10,000 of debt, of which he was 50% liable.

She has now moved on and got herself a normal day job.

The six companies who are owed money have passed the debts onto debt collection agencies. During this transfer the "trading as" second line has been removed and the debt has just my sister's name on them. So she is been chased for 100% of the debt.

She has just spoken to the official receiver and he claims that my sister is liable for 100% of the debt. If the bankruptee had informed the official receiver before his bankruptcy then all these debts could have been included; however, as that wasn't done, nothing can now be done.

This seems utterly ridiculous! Why should someone (my sister) be responsible for someone else's failure to act and responsible?

What action can she take:
(1) With the official receiver: Can he include these debts in a supposedly finished bankruptcy case?
(2) With the creditors: Regarding her only owing them 50% of their debts?
(3) With her former colleague: Can she legally force him to sign a document stating that half these debts are his and as such he will pay 50% of them?