| T O P I C R E V I E W |
| hammy0107 |
Posted - 21 May 2008 : 14:15:24
Me again,
Can somebody tell me the usual time frame in declaring BR. From going to the court with my money, to the OR phone call, to the OR meeting, to the order being issued?
Thanks again |
| 12 L A T E S T R E P L I E S (Newest First) |
| m and v |
Posted - 22 May 2008 : 13:39:53
This time next year Rodders we could be millionaires!!!! 
Vicki x |
| hammy0107 |
Posted - 22 May 2008 : 13:32:40
I know it is a real long shot, but as Del Boy would say ' he who dares wins'. |
| JulianDonnelly |
Posted - 22 May 2008 : 12:47:08
Hi Hammy,
It can't hurt to ask the Judge, I think what Melanie and Brett are trying to get across is not to get your hopes up as Vicki's successes with this was rare, but not unheard of.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| hammy0107 |
Posted - 22 May 2008 : 11:12:35
Brett,
I have just had an IVA rejected and have been in a DMP for almost 3 years. Surely my creditors are also aware!! |
| Helpful Advice |
Posted - 22 May 2008 : 09:35:06
Hi Hammy,
There was no real precedent set in Vicki's case the judge made a decision based on her being in an IVA for over two years.
The advertisement is designed primarily to invite anyone who a Bankrupt owes money, to make a claim within the Bankruptcy, this way If the Bankrupt has omitted a creditors details from the statement of affairs this creditor has the chance to make a claim.
Vicki's argument was that she had been in an IVA for two years therefore her creditors were all aware of her financial problem and included in the IVA.
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
| hammy0107 |
Posted - 22 May 2008 : 08:29:22
Melanie,
You are no doubt correct, however by not advertising it for Vicki i think a presedence was set. I will ask anyway, you never know.
|
| melanie_giles |
Posted - 21 May 2008 : 23:02:30
Hammy
I really don't think that you will be able to avoid the advertisement, however it is very small and generally does not appear in a prominent place in the paper. No harm in asking though, but difficult to see how the Judge can go against statute unless there are very exceptional circumstances.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
| m and v |
Posted - 21 May 2008 : 17:12:33
Yes you see the judge there and then - you will either have made an appointment or in some courts you just walk in and wait.
You see a court clerk first who takes the £495 from you and checks through your forms.
The clerk also gets you to swear the affidavit - confirming everything is true/correct etc
When I went to court with my petition ( I had an appt) I saw the court clerk for five mins, then had to wait for about ten minutes to see the judge - was before him for five mins (asked about it not going in press whilst with him)
Was declared BR!
Paid an extra £30 for the second court order.
Sat and waited another ten mins for the court clerk to do her bit with the court orders.
Was taken to a small room - she rang the OR and I had a brief conversation with them and was told to expect a letter confirming the date of my OR interview.
All done in about an hour.
Vicki x |
| hammy0107 |
Posted - 21 May 2008 : 16:58:56
Thanks again Vicki.
I am confused as to when you asked the judge? When you go to court to petition for BR do you see the judge there and then? |
| m and v |
Posted - 21 May 2008 : 16:42:16
That was me!
I asked the judge if there was any way the local press notice could be avoided. I had been in an IVA for two years so my insolvency was known by all my creditors already. Having said that all you can do is ask! I paid an extra £30 for the second court order and made sure the OR knew about it when I had my phone interview.
So you need to ask the judge and have a good reason - you can only try.
Good luck!!!
Vicki x |
| hammy0107 |
Posted - 21 May 2008 : 15:18:15
Thanks Vicki,
I know i am asking for miracles but i have read on here that somebody was allowed BR WITHOUT their name appearing in the paper. My situation is that i am already going to be demoted at work from a director to a manager and my bosses (as they will be) have already told me i will not be able to continue as a manager if my financial situation becomes an embarrassment to and has a detrimental affect on the business. Basically they are saying if my customers at work find out and lose trust in me then i will be demoted again to protect the interests of the business. I can understand their reasonings but if i was demoted again then my income would not cover my expenditure and i would find myself in more trouble. To put this to the OR i would prefer to do face to face and hope they would have a heart. My creditors all know about my situation anyway as i have just had an IVA rejected so putting it in the paper would only serve to humiliate me (fair enough) but would also risk my future earnings and career. Like i say a miracle i know but if it was a telephone meeting then i don't think i would be able to put my point across as well and besides i believe you have to pay for this seperate order to be raised which obviously i couldn't do over the phone. |
| m and v |
Posted - 21 May 2008 : 14:55:14
Hi Hammy - it will vary a little court to court but I went to court on the 18th April, had a brief phone conversation with an OR clerk on the day (just to make sure I had access to cash really and wasn't going to be penniless), I got a letter during the following week with a date of the 9th May for my OR phone interview (didn't need to attend the OR office at all)
Since the 9th I've not heard a thing - assuming no news is good news as my examiner suggested I wouldn't get an IPA based on my dispoable income.
All done in about 3 weeks!
Mine was pretty much straight forward though - no property or business.
My examiner said she writes up a report from the details gathered during the phone interview. This takes about a week to collate and then is sent out to creditors and up to the OR.
Hope this helps
Vicki x |
