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brokebutstillalive |
Posted - 08 January 2009 : 15:58:25 Well - am sorting out my most important NYs resolution and have made my bankruptcy appointment for two weeks time!!
I am worried about how much money I will have in my bank account though and whether the OR will take it. I put in a claim for tax credits almost 3 months ago and due to a technical fault have not been paid anything but have been told that the backdated money will finally be put in my account next week. Now this will be quite a tidy sum but is needed for childcare and bills that I have not been able to pay while I have been waiting for it. My monthly salary will also go into my account the week before I declare BR as well. Will the OR be able to take any of this money. It is hardly a windfall? Will I have to close this account - it is only a basic account with no credit facilities?
Also my husband and I separated in October and I now have my own bank accounts. Will I need to get copies of my bank statements from when we had our joint account? That account is now is his name only as my name was taken off so I do have access to it and the bank will not give me copies of old statements and I doubt he will get me copies!
Thanks for your help. |
6 L A T E S T R E P L I E S (Newest First) |
brokebutstillalive |
Posted - 08 January 2009 : 17:51:33 Thanks again Julian.
Smiling bankruptee - thanks. I hope to be smiling as well - don't think I have done much in last 2 years!! |
smiling_bankruptee |
Posted - 08 January 2009 : 17:16:26 Hello bbsa,
My husband and I declared ourselves bankrupt in September last year. The first thing we were adviced to do by the OR's office was tell our bank. It was a basic account with no credit facility, however they froze our account immediately and the OR took all the money in it! I would also suggest you withdraw ALL the money in your account as soon as it arrives. If they do freeze your account there is nothing you can do to get it back, the OR owns it! We were told that banks cannot decline you a cash card account, but we struggled! Our three best options were Barclays, Natwest and Co-Op, however, if you owe money to any of these via credit cards or loans they will not offer you an account.
Any money that you have coming in now can be spent as you see fit, as you declare what you have physically got at the time of the initial hearing in two weeks. That amount could change between then and your first telephone appointment with the OR.
best of luck and don't worry to much, you will feel a huge sense of relief afterwards... |
JulianDonnelly |
Posted - 08 January 2009 : 16:48:04 Hi Brokebutstillalive,
Certainly, buying the bed won't be an issue. However, your friend will need to be treated like any other creditor. If you do pay them, the OR does have the power to claim the money back and distribute it pro-rata to all your creditors.
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk Don't forget the helpline on 0800 078 9367 |
brokebutstillalive |
Posted - 08 January 2009 : 16:31:23 Thanks Julian - I have another query (will probably have more as I get through the paperwork!). A friend lent me some some money to pay last months rent on the proviso I will pay it back when the tax credits come through. From what I have read, it looks like if I pay her back, I will be in trouble as you are not supposed to give preference to one creditor? Are there any ways to round this as I really will need to pay her? I also desperately need to get my daughter a bed as she broke her last one - will it look like I am deliberately spending the money - all that money is earmarked for something as I have been waiting so long for it. Will I have to tell them what I need to spend it on and wait until they decide if I can? |
JulianDonnelly |
Posted - 08 January 2009 : 16:09:51 Hi Brokebutstillalive,
I would sugegst withdrawing the money when it lands. Do NOT spend it and advise the OR during the interview.
With regard the account, it's the bank's discretion whether they freeze the account or not. I would suggest you have a conversation with your manager just prior to BR and see if they are willing to keep it open.
The OR can and will obtain any copy bank statements they require direct from your bank, so don't worry about getting copies.
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk Don't forget the helpline on 0800 078 9367 |
brokebutstillalive |
Posted - 08 January 2009 : 15:59:53 Oops - meant that I do NOT have access to husband's bank account. |
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