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T O P I C R E V I E W
p.w
Posted - 04 April 2008 : 09:27:51 my husband is about to apply for bankruptcy for himself. we have a joint account and i need to know if they can touch maintenance that goes into this account for children from a previous relationship and can they touch our tax credit payments.
I am worried because i have direct debits going out of this acount which these payments cover.I also had a lump sum payment of maintenance arrears for my children. I bought a car with this money.can they take this car if I am not applying for bankruptcy myself?
3 L A T E S T R E P L I E S (Newest First)
melanie_giles
Posted - 04 April 2008 : 23:32:04 I agree with Carl - regardless of whether the account is in credit or overdrawn a new account in just your name is far better.
Carl McMullen
Posted - 04 April 2008 : 22:02:17 P.W,
Is the account overdrawn ?
If so you will find it hard to take his name of the account, if this is the case then you might be better changing you account to another bank.
And not to confuse matters, but if the account is overdrawn when he goes bankrupt, you will become liable for this debt.
JulianDonnelly
Posted - 04 April 2008 : 09:49:53 Hi PW,
Welcome to the forum,
My advice would be to remove your husband from the joint account so this is in your sole name.
On your husband declaring himself Bankrupt his bank accounts will be frozen, so in taking him off the account you will avoid this happening.
If the car is yours and in your name than this should not cause you any concern as you are not the one declaring Bankruptcy.
The OR will then look at your joint income and expenditure to see if you have any disposable income.
If after their calculations you do have a disposable income you may have to pay towards an income payment Order or agreement. This would likely be 50% of the monthly disposable income and the payments would last for three years.
