| T O P I C R E V I E W |
| dazed and confused |
Posted - 31 August 2008 : 23:20:58
Dear Expert
Would it be possible for me to have the OR meeting over the telephone from abroad e.g go to Court, then go abroad, then do the OR phone call from abroad?
I am intending on going abroad for at least 1 year, possibly longer.
I look forward to hearing from you.
Richard. |
| 15 L A T E S T R E P L I E S (Newest First) |
| dazed and confused |
Posted - 08 September 2008 : 23:13:14
Hi Paul
I have already had a conversation with one of the Experts and they were very good and they explained a lot of things to me and cleared a lot of things up in my mind.
I felt a lot better after the phonecall and more comfortable but now I feel really worried and scared and confused again!!!
I just don't know what to do for the best...
I just want to be completely honest and open about things but am really worried that by doing so I may end up not being able to go to be with my girlfriend in Canada.
It's a tough one!!! |
| Reviva UK |
Posted - 08 September 2008 : 23:03:37
suggest you have a conversation with either an expert or the bankruptcy helpline for the forum to go over the situation as some length.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
| dazed and confused |
Posted - 08 September 2008 : 22:57:15
Hi Paul and thanks again for your reply!
Yes I understand that my situation is a tricky one.
But if I could show to the OR that I have made all reasonable efforts to get employment for the year that I am away and that the idea of going to Canada came way before any thought of going BR would this be acceptable to them?
I understand that the OR could potentailly see it that I am in some way trying to 'run away' from the restrictions / challenges of BR but what if I was to voluntarily ask them to extend the period of being an Undischarged Bankrupt to when I returned to this Country? Is this the same as a BRO / BRU? I would be quite willing to do this, and would be able to offer them a definite payment into an IPA / IPO after my year away as I would have my old job back in the UK...
Would this be possible? |
| Reviva UK |
Posted - 08 September 2008 : 22:30:55
Hi
i have read your previous posts and suspect that you are on thin ice.
The OR may deem that you have manufactured the position to be Br whilst abroad and not incurring anu of the challenges of Br.
It would be wholly probably that if they felt this way that you would incur an extended BRO
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
| dazed and confused |
Posted - 08 September 2008 : 22:15:22
Hi Paul
Thanks for your reply. I am not sure if you've read my whole post?
Well I still feel that if I am to make it out to Canada and be with my girlfriend then I would prefer to keep making payments to my Creditors through the DMP and see what my situation is just before I am due to go out there. BR may be my option then but it depends on a lot of things.
I am worried that if I were to go BR now that my Employers would have to know, and my Landlord, and that financially I may not be able to make it out to Canada at all. I would be absolutely distraught to not make it out there, as would my partner.
Do you think this would be acceptable to the OR? Could they stop me going? Would I get a BRO / BRU, or worse?
|
| Reviva UK |
Posted - 08 September 2008 : 21:18:51
Hi
I don't think that really matters.
what you need to do is work out what the best solution is for you and plan your time line and get your "ducks in a row" so you are fully prepared:-
i.e. documents for OR, home, bank account , funds for Br work knowing etc etc etc
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
| dazed and confused |
Posted - 08 September 2008 : 20:42:39
Hi and thanks for your reply again.
Sorry, I have one more question if you don't mind - in your opinion, would the OR see it more favourably if I was to go BR now or after first trying a DMP? |
| JulianDonnelly |
Posted - 08 September 2008 : 17:53:18
Hi D&C,
DMP's and IVA's are down to creditor acceptance and as such, they tend to squeeze expenditure down as much as possible to maximise payments. In BR, creditors have no say, and as a result, I believe the allowances are far more reasonable and realistic.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
| dazed and confused |
Posted - 08 September 2008 : 16:16:42
Hi Julian and thanks for your reply!
So would the allowances for food, clothing, fuel etc. in BR be similar to the DMP?
I seem to remember thinking that they are slightly higher in BR than a DMP? |
| JulianDonnelly |
Posted - 08 September 2008 : 16:05:31
hi D&C,
I doubt the OR will have an issue with your trip, especially if you've managed to secure work.
In a DMP, usually 100% of the DI is taken, where it would only be a maximum of 70% in BR giving you a contingency fund.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
| dazed and confused |
Posted - 08 September 2008 : 14:15:38
Sorry, me again...
If I was to go BR now would the OR look unfavourably upon my intended trip to Canada in January 2009? Even if it is to be with my partner and I have job prospects out there?
I expect that if I were to go BR now I would have to pay into an IPA. Would the allowances for food / fuel etc. be higher than in a DMP?
Thanks
D & C... |
| dazed and confused |
Posted - 08 September 2008 : 13:53:52
Hi John
Thanks for your reply and sorry for bringing it up again. I am just finding it very hard to deal with all of the uncertainties of my situation.
As it stands, the only things which are certain is that I am entering into a DMP and planning on going to Canada for 1 year at least in January 2009 to work and to be with my long term girlfriend. Over the next few months, I will be contacting various employers in Canada to try and secure a job out there before going. If I am not successful in getting a job offer before going I do not think I will be able to commit to paying into the DMP from Canada. Therefore, BR would probably be my only option to deal with my creditors before I leave, as I would not wish to go abroad and let the DMP fail, neither would I want to 'just disappear' on my creditors - this would just be wrong. I feel that if I were to go abroad and get a fresh start the right thing to do would be to deal with my debts correctly and legally and be upfront and honest and it seems BR is the only option for doing so.
Yes I do feel that if I were to go BR now it could potentially compromise my trip but I am still really worried about the possibility of me being accused of fraud or a potential BRU / BRO if I were to go BR just before leaving. What is the likelihood of this?
|
| John |
Posted - 08 September 2008 : 13:33:21
Hi D&C
at the end of the day you need to do what's best for you. If going BR will allay your fears then go ahead by all means. From our telephone conversation I thought that would compromise your ability to fund the trip in January.
Now that you have been given the run down on both scenario's the decision has to be what's best for you.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
| dazed and confused |
Posted - 08 September 2008 : 11:40:27
Dear John / Julian
I have been thinking some more about the situation I am in regarding the above and I am very very worried now. I didn't sleep at all last night due to worrying.
Would I be better off to go BR now and forget about the DMP altogether?
Or, to continue with the DMP and make a decision about whether to go BR closer to the time based on whether I have managed to secure a job out there etc.?
I really really don't want to get into serious trouble with the OR.
|
| JulianDonnelly |
Posted - 04 September 2008 : 11:16:04
Hi D & C,
To clarify my thinking, I understood from your fist post that your plans were to go into a DMP to save money for your trip (at the expense of your creditors) and dispose of assets to help with this (again, at the expense of your creditors) with a view to going BR a couple of weeks before you fly out.
Not using any further credit at this juncture is a must, and your further clarification has helped me identify what you are trying to achieve. Suffice it to say that your further clarification has helped me identify that this won't be seen as fraud as you now intend to continue with the DMP whilst abroad.
However, I agree with John that this plan may not be as easy as you think and it would be far better (in the long run) to go BR now.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
