Note: You must be registered in order to post a reply. To register, click here. Registration is FREE!
T O P I C R E V I E W
sueann
Posted - 29 July 2008 : 11:22:52 I have my hearing next Tuesday and was just wondering can a judge refuse a BR? If so what sort of reasons are there for refusal.
I am starting to get really nervous now.
2 L A T E S T R E P L I E S (Newest First)
Ian Richards
Posted - 29 July 2008 : 11:38:24 Hi Sue
Yes it can if the judge feels that you can pay your debts! For instance this would be the case if you had ample of surplus income left available! Another reason is that someone may still be in a live IVA. The judge will ask you if you have taken professional advice of which the answer should always be yes! In fact someone who is preparing to go BR should take professional advice anyway to see if there are any other options.
However i must stress that i have never known a judge to refuse a Bankruptcy order, its not very common.
Don't worry, it will be all over soon.
Ian
John
Posted - 29 July 2008 : 11:33:24 Hi sueann yes BR can be refused. Basically, if you are not insolvent then your petition can be refused. Providing your personal debts outweigh your personal assets, and/or your disposable income is insufficient to meet minimum monthly debt payments then, as a rule of thumb, you are insolvent. Don't worry, it's not common for petitions to be refused.
