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 BRU and IPA?

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T O P I C    R E V I E W
kum Posted - 17 February 2009 : 11:25:05
Hi Experts,

Am again back and many thanks for your advise in my previous post. The OR's second interview went normal and was advised to bring in few additional evidences. Actually I sold my house before making debts and consumed the net sales for pleasure trips abroad. The debts I used for paying tuition fees towards my academics and OR wanted to see the tour expenditure. Also OR asked me why I've toured when I knew that I need to clear the debts.

At the same time I lost job and am not having any income rather am depending on my partner. OR asked me whether with the current academics am I going to get job and asked me few questions upon my future intentions on work, etc. Possibly he want me to meet him again in 03 weeks with answers as he expressed to send a letter to my home. I am not with any work until now and am likely to get one in the coming week. If I join work before the OR's next meet:

a) Do I need to disclose about my work to OR(contract - self employed)?

b) Agree upon IPA? (Family with 02 children & working partner). If so what would be my outgoings to OR realistically? Please indicate me the pointer of the table in the blog, thanks

c) As it is a contract job can I negotiate a price to a single day work in a week to fit my expenditure and not consider any outgoings to OR as it would help me also do babysit at home for children?

d)Would an IPA lessen the BR discharge time with BRU?

e) In BRU it is said that the restrictions are between 2-15 years, what would your opinion on the period of my restrictions last till?

f) Is it worth to go for employment as my partner works and looks after the household expenses?

g) Will the OR approach my partner to agree for IPA looking at the household expenses? (I am alone bankrupt and not my partner).

Regards
Kum
xxx
2   L A T E S T    R E P L I E S    (Newest First)
Skippy Posted - 17 February 2009 : 12:01:01
I will try and answer your questions in order:

a) You will need to give the OR the details of your work as they need this to assess an IPA.

b) Put down what you spend, not what you think the OR wants to see. List everything you spend as the OR can only disallow or reduce it.

c) I'm sorry, I don't understand what you mean.

d) An IPA makes no difference to the length of time you are BR or the length of a potential BRU/O.

e) I'm sorry, without knowing the full details of your case it's hard to say.

f) No-one can tell you whether it's worth getting a job, but I would say that if an opportunity comes along don't reject it just so you don't get an IPA.

g) Your partner is not responsible for paying an IPA. The OR will need to know how much they contribute to the household expenses, but they wouldn't be expected to pay an IPA.

Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/

20 IPA payments made, 16 to go - on the home straight!
pix1 Posted - 17 February 2009 : 11:43:39
What makes you think the proposed meeting with the OR is to discuss a BRU/BRO?

Have you received a letter stating that such ameeting for that purpose is intended?

Please read through this section from the IS website. It seems to suggest that you sohuld have received a letter before any meeting to discuss a possible BRU/BRO;

How will I know if the official receiver intends to apply for a BRO against me?

a) Notice of intention to apply for a BRO

If within 9 months of the bankruptcy order the official receiver has finalised his report to court in support of an intended application for a BRO, he will write to inform you that he intends to apply to the court for a BRO but has not yet done so, allowing you 21 days to respond to the allegations outlined in his report.

If you accept the official receiver's allegations, you may offer to enter into a Bankruptcy Restrictions Undertaking (BRU). This has exactly the same effect as a BRO but does not involve going to court. Because you are admitting the unfit conduct, the period of the BRU is likely to be shorter than if the court made a BRO. You will have the opportunity to put your comments to the official receiver, which may further reduce the period. By entering into a BRU, you will also avoid having to attend a court
hearing.

If you do not respond within 21 days to the official receiver's letter, he will apply to court for a BRO and send you a letter telling you that he has done so. The letter will include a copy of the application to court, the report, and supporting evidence giving details of the alleged misconduct. It will inform you of the hearing date and of the period that the official receiver
suggests would be appropriate for the BRO to run.

You will be asked to acknowledge receipt of the documents on a form that you should return to the court within 14 days.[/b]

If the OR has not written to you regarding the possibility of a BRU/BRO then the meeting might be about something different.

Did the OR write to you? Sorry if I have missed anything.

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