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| T O P I C R E V I E W |
| Louise.7 |
Posted - 22 August 2010 : 15:01:02
I'm sorry to list lots of questions in one thread, but I have a few things to ask and wondered whether you guys could help. My husband and I went bankrupt the beginning of last November..
1) Do we automatically become discharged a year after being made bankrupt (ie. this November) and if so how do we know this?
2) We have still not been offered our house back even though it is in negative equity. Does the OR have to offer it to us, and can it still be offered back after we are discharged?
3) I have just been diagnosed with Cancer and therefore I am off work. At the moment, I am on full pay, but this will stop at the end of November. My question is at the moment I am applying for disibility living allowance. Does the OR take this into account?
Also when my pay stops, what will happen to the Income payments my husband and I pay each month? We wont be able to afford what we are paying at the moment! Once you are discharged do the payments stay the same regardless or can they be changed?
4) Finally my Mother in law as also just been diaganosed with Cancer however her illness is terminal. We are concerned about what will happen to any estate that she leaves to us. She is expected to live beyond November (when we are discharged) but we will still be paying our income payment order each month. Will the OR have any interest in the estate or will the money be ours as we are discharged?
Really sorry for all the questions, but I can't sleep at night worrying about the answers. Thanks xxxx
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| 3 L A T E S T R E P L I E S (Newest First) |
| choc2497 |
Posted - 22 August 2010 : 19:26:47
Thanks for all the help. Really clear and some good suggestions. Thank you |
| debtinfo |
Posted - 22 August 2010 : 18:49:34
2. The law says they have 3 years to deal with it and can do so at any time during that period. However the OR's own protocol's say that they will offer it to you as soon as they are able to, give them a ring and ask when that might be
3. DLA is included as income, but so is all of the expenditure related to your condition so it sort of balances out
4. Plus she could always change it for a while un til you are out of the bankruptcy |
| Skippy |
Posted - 22 August 2010 : 16:58:04
Hi Louise and welcome to the forum. First of all, I'm so sorry to hear about yours and your mother in law's illness. I'll try to answer your questions, but someone will be along soon to answer those that I can't.
1. Providing your discharge hasn't been suspended you will be automatically discharged in November. If you check the insolvency register on the date of discharge your entry will show as discharged.
2. I'm not sure.
3. I'm not sure if DLA is included in IPA calculations. Once your pay stops let the OR know and they will adjust or possibly suspend/cancel your IPA payments accordingly. This can be done even after you are discharged.
4. If your mother in law lives beyond your date of discharge the OR will have no interest in any inheritance.
Good luck x
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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