| T O P I C R E V I E W |
| JimmyChoo |
Posted - 08 June 2011 : 14:15:54
Hi All,
I was wondering if you could help me with a question.
Tomorrow the 9th June will leave the OR exactly 6 weeks to pursue a possible BRO/BRU before my Auto Discharge.
Can any of the experts explain whether I am in the clear with regards not getting a BRO/BRU if on the 10th of June I have not heard anything?
Can the OR post-date BRO/BRU letters?
Please help me understand the BRO/BRU process as I am getting close to auto discharge an am very nervous and joyous at the same time!
Regards,
Jimmy
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| 15 L A T E S T R E P L I E S (Newest First) |
| JimmyChoo |
Posted - 14 June 2011 : 08:24:47
Hi all,
Ok all my questions have been answered, I hope my posts and your answerers will help other people out these.
Regards,
Jimmy
quote:
Originally posted by debtinfo
any time the OR makes an application to court they will inform you so that you have the chance to defend yourself at any hearing
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| debtinfo |
Posted - 13 June 2011 : 19:00:20
any time the OR makes an application to court they will inform you so that you have the chance to defend yourself at any hearing |
| JimmyChoo |
Posted - 13 June 2011 : 08:16:24
Hi Bigal,
Thanks for your expert comments. Just a quick final one - would I or any other Bankruptcee know if the OR intends to aply for an interim BRO? Would we be notified?
Regards,
Jimmy Choo
quote:
Originally posted by Bigal4787
Hi,
an interim BRO has to be applied for within the 12 months, which as the name suggests means it's a mechanism whereby the OR can then apply for a full BRO, even once the 12 months are up, all they have to show to the court is enough evidence (not all)to show that a BRO is required, whilst the full file is prepared.
However the OR does have the option of applying to the court, post bankruptcy for a BRO, say if it came to light that there had not been full disclosure of financial affairs
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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| Bigal4787 |
Posted - 12 June 2011 : 09:39:44
Hi,
an interim BRO has to be applied for within the 12 months, which as the name suggests means it's a mechanism whereby the OR can then apply for a full BRO, even once the 12 months are up, all they have to show to the court is enough evidence (not all)to show that a BRO is required, whilst the full file is prepared.
However the OR does have the option of applying to the court, post bankruptcy for a BRO, say if it came to light that there had not been full disclosure of financial affairs
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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| Niobe |
Posted - 11 June 2011 : 10:44:59
Fingers crossed that it all goes smoothly for you,
The world is broken, halos fail to glisten
We try to make a difference but no one wants to listen
Hail the preachers, fake and proud
Their doctrines will be cloud
Then they'll dissipate like snowflakes in an ocean
Jan
xxx |
| JimmyChoo |
Posted - 11 June 2011 : 09:17:56
Hi Debtinfo,
Thanks for the comments. Ok that is reassuring as I have not been recalled or ask any major questions since the original SOA.
Regards,
Jimmy
quote:
Originally posted by debtinfo
Jimmy - One can never say what you want in the definitive manner that you want it, the truth is that the court has considerable power to make whatever order it sees fit if it thinks that there is justification for it.
BUT
If you have been completely honest then it would be highly unusual for you to get a BRO after discharge and you would normally have some inkling that something was going on (you would be asked back for more interviews or other enquiries for instance) so with 6 weeks to go then you are more than likely in the clear
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| debtinfo |
Posted - 10 June 2011 : 17:57:14
Jimmy - One can never say what you want in the definitive manner that you want it, the truth is that the court has considerable power to make whatever order it sees fit if it thinks that there is justification for it.
BUT
If you have been completely honest then it would be highly unusual for you to get a BRO after discharge and you would normally have some inkling that something was going on (you would be asked back for more interviews or other enquiries for instance) so with 6 weeks to go then you are more than likely in the clear |
| JimmyChoo |
Posted - 10 June 2011 : 14:10:01
Hi Xmas Baby,
Thanks for your post - it is nice to hear that being honest in the SOA and reasons for Bankruptcy does help.
Regards,
Jimmy
quote:
Originally posted by xmas baby
Hi there,
I was expecting to receive a BRU as a large percentage of my debts were due to gambling, but luckily I didn't get anything I'm pleased to say. I was completely honest about it and explained that I was undergoing counselling for my addiction, so maybe that helped. I have now been discharged and only have an IPA with only 1 year left to go before it is finished.
I'm sure you will be fine.
xmas baby
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| xmas baby |
Posted - 10 June 2011 : 13:44:37
Hi there,
I was expecting to receive a BRU as a large percentage of my debts were due to gambling, but luckily I didn't get anything I'm pleased to say. I was completely honest about it and explained that I was undergoing counselling for my addiction, so maybe that helped. I have now been discharged and only have an IPA with only 1 year left to go before it is finished.
I'm sure you will be fine.
xmas baby |
| JimmyChoo |
Posted - 10 June 2011 : 13:35:13
Hi Viki,
Thanks for that. That brings me to another question. What happens if I start working one month before AD and get my pay check a day after the AD. What would I have to declare on my I&E? Yes I will be working - but still on benefits until I get paid, which is one day after AD?
What advice do you have on filling the I&E form in a circumstance like this as technically I will only have income one day after AD?
Let me know your thoughts.
Regards,
Jim
quote:
Originally posted by Viki.W
Moodybluetwo is correct, prior to AD you receive an income and expenditure form to complete, however not everyone seems to be getting these.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/
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| Viki.W |
Posted - 10 June 2011 : 13:26:50
Moodybluetwo is correct, prior to AD you receive an income and expenditure form to complete, however not everyone seems to be getting these.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/ |
| JimmyChoo |
Posted - 10 June 2011 : 13:10:48
Moody Two Blues,
I am not sure a final SOA is part of the BR process?
I'll let the Experts comment on this.
Regards,
Jimmy
quote:
Originally posted by moodybluetwo
Assuming you haven’t got an IPO/IPA the OR can ask for a final statement of affairs to determine if you have sufficient disposable income to pay something back towards your creditors. It is entirely different to a BRO/BRU.
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| moodybluetwo |
Posted - 10 June 2011 : 10:40:29
Assuming you haven’t got an IPO/IPA the OR can ask for a final statement of affairs to determine if you have sufficient disposable income to pay something back towards your creditors. It is entirely different to a BRO/BRU. |
| JimmyChoo |
Posted - 10 June 2011 : 07:39:18
Hi Debtinfo,
Thanks for that. I was completely open up front - basically self incriminating and explained in detail. So far I have not heard anything from the OR - so I guess this is good. But I am still worried of the possibility of a BRO and would like to know when things can be considered "final" in terms of when I am "out of the woods".
So I revert back to my original question and perhaps you can help. We have established that a BRO can be sought post AD, by means of a "interim - BRO". The question is does the "interim BRO" need to be within 12 month period - in other words before the AD.
Regards,
Jimmy
quote:
Originally posted by debtinfo
Basically if you have told them everything up front and when initially asked you are not likely to get a BRO post AD. The judge will only usually allow an application if the OR has not had reasonable time to investigate, for instance if you had been hiding something from them
Although numbers of staff are down overall, the funding for investigations (which is separate) has been maintained in order to maintain the the public protection factor(although they do have to be recognised and flagged up in the first place
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| debtinfo |
Posted - 09 June 2011 : 18:01:32
Basically if you have told them everything up front and when initially asked you are not likely to get a BRO post AD. The judge will only usually allow an application if the OR has not had reasonable time to investigate, for instance if you had been hiding something from them
Although numbers of staff are down overall, the funding for investigations (which is separate) has been maintained in order to maintain the the public protection factor(although they do have to be recognised and flagged up in the first place |
