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| janie40 |
Posted - 21 March 2011 : 13:46:26
I went to the CAB this morning to supposedly fill out my bankruptcy forms, when I got there after a month of going back and forward to there, they said beacuse of the situation i am in it would be best if I seeked the advice of an insolvency parctitioner or Solicitor due to my situation. Been on the forum before and the situation is i married living with my husbnad in a house which has quite alot of equity in it, the debt is all in my name , we have no joint debts, he pays the mortgage it is in his name and I am not on the deeds. I have not contributed in any way as I've only just got back to work part time after bringing up the children. The CAB said depending on the OR receiver they could say I had beneficial interest in the house and I need to seek this advice out first before going ahead with bankruptcy. Surely if I do get this advice and they say no fine go ahead with bankruptcy it is still only on their say so, it would depend on the OR i got. Can anyone please give me some more concrete advice on this.
Thanks in advance
janie |
| 5 L A T E S T R E P L I E S (Newest First) |
| janie40 |
Posted - 24 March 2011 : 12:57:49
Thanks big Al, I have spoken to an insolvency Practitioner and a solicitor that deals in Bankruptcy today ( not quite sure what the difference is!) the insolvency paractitioner said although the house and deeds are all in my husbands name and there is quite alot of equity in the house depending on the OR they could delve into it more. The bankruptcy solicitor said no they cannot touch the house because it is not one of my assessts. So now I really don't know what to do!!!!
janie |
| Bigal4787 |
Posted - 23 March 2011 : 00:14:51
Hi,
regarding whether you have acquired any beneficial interest it depends upon whether you have contributed anything towards the mortgage payments, deposit etc, i.e anything towards paying for the property. If not then there may be a case for not having any BI, you'll need proper advice from someone in that field,
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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| debtinfo |
Posted - 21 March 2011 : 21:19:37
it is unlikely that you will get concrete advice from anyone, just what is most likely. |
| glafy |
Posted - 21 March 2011 : 18:42:45
Hi Janie.
Try & contact one of the experts on this forum via the 'experts' link on the far left of this page. Thay can advise you.
"Good things come to those who wait".....I'm a patient person but this is taking the Mickey!! |
| Richard P |
Posted - 21 March 2011 : 14:08:38
Hi Janine
CAB are correct in their answers and guidance to you
If you are seeing a solicitor please make certain that he is an insolvency specialist.
it is all about how your petition is written and presented.
The equity in the property is a big question and without going through your household income and expenditure cannot be easily assessed. This is the time to get one of the experts to have a coffee (and biscuits) with you to make certain that the petition is presented in the best possible situation.
regards Richard |
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