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 My wife going B/R

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T O P I C    R E V I E W
Dez Posted - 17 March 2010 : 17:17:36
Hi all

I went B/R last October 2009 and all the joint debts went to my wife now she is going to have to go B/R now.

Will my wages be taken into account? ( as i am already B/R and under the O/R)
My wife as no income at all apart from DLA and Child benifits
When i'm discharged will my income have to show for my wife?

Hope someone can help me out

Thanks

Dez
6   L A T E S T    R E P L I E S    (Newest First)
debtinfo Posted - 18 March 2010 : 18:57:38
As i said before if she ONLY has benefit income she WONT have an IPA, regardless of what anybody else in the house earns
Bridgewood Posted - 18 March 2010 : 14:32:09
The OR in your wife's bankruptcy will be concerned solely with her income and expenditure. The reason they tend to look at joint income is to make sure that both husband and wife contribute equally to the household expenditure.

If the husband is bankrupt, but claims he can't afford to make any contributions because all his income goes on living expenses, the OR will want to know if his wife has any earnings to enable her to share the living expenses to free up some cash towards an IPA.

From what I understand of your situation, your wife's only income is derived from state benefits, and in the circumstances she would almost certainly not be liable for any IPA

Dez Posted - 18 March 2010 : 14:11:47
Hi,
What Im really worried about is when Im discharged I can then start earning some extra money by doing overtime in work, this wont then be watched any longer by the OR so in effect I will then have extra money. Sooooo if my wife then goes BR, will they look into all the household income again(my wages and hers as she is only on DLA)? The reason I am asking is that the OR has used all the income coming in now, including my wifes benefits, on my SOA during my bankruptcy, therefore, will they use all the household income again on hers?
If so, does this mean I will not be able to do overtime until she gets discharged too?

I know its confusing, sorry about that but I really could do with knowing before we go any furthur, thank you
Bridgewood Posted - 18 March 2010 : 09:15:00
Hi Dez

Ordinarily I wouldn't expect there to be a problem here. If your wife explains that you are already bankrupt the OR will look at both cases jointly in terms of income and expenditure, but assuming your position has already been agreed with the OR it shouldn't be affected by your wife's bankruptcy, and hers won't be affected by yours.

They can't claim your income twice!
Dez Posted - 18 March 2010 : 09:07:21
Thanks for the reply but will my income be taken into consideration? I am already bankrupt and under the O/R

We are desperate to know where we stand on this

Thanks

Dez
debtinfo Posted - 17 March 2010 : 22:49:48
she wont have to make any payments if her income is solely from benefits.

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