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| T O P I C R E V I E W |
| peted |
Posted - 11 March 2009 : 09:58:31
A friend is due in court on Tuesday next week and I'm going to hold her hand, we are a bit mixed up over the order of proceedings though, I thought she'd see the judge first then be sent "over the road" so see the OR however she's been told by the CAB that she has to see the OR first who decides on BR or not, then the judge just gives his approval often without needeing to see her. Can someone advise which way things happen on the day? |
| 3 L A T E S T R E P L I E S (Newest First) |
| Melanie.n |
Posted - 11 March 2009 : 13:32:01
Most courts operate the process these days due to pure volume whereby the clerk takes the forms to him/her and the client just gets handed a 'stamped' order declaring them bankrupt - with no need to see the judge. As for the OR they only see very complex cases (large debts which may warrant further investigation) or people who have traded. The run of the mill 'household debt' cases as they are referred to (in that the bankrupt has not operated a business)are always over the phone.
She may remember the judge, but even if he saw her for the hearing, he won't remember her!
Well done again on supporting her, she has been through it, hopefully following the hearing she will be able to get on with her life without the burden of debt
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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| peted |
Posted - 11 March 2009 : 13:20:23
Hi Melanie, thanks for clearing that up, just another question though, so as I understand it we won't have to see the judge and may not even see the OR face to face? The CAB has advised my friend that this can and should be requested due to the complicated nature of her case (See original posting "Due to a long and complicated divorce" originally posted 7th Jan) for the whole saga.
By the way the judge hearing her BR case is the same one that presided over her divorce proceedings and left her in such a dire mess!
Thanks
Pete
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| Melanie.n |
Posted - 11 March 2009 : 10:08:08
The appointment to file fopr bankruptcy is at the court - depending on the process operated by the court she may hand over her forms (by the way they are singed and dated whilst at the court in front of the clerk, not before you attend, and you need 3 copies) the clerk will take the forms to the judge and once 'stamped' will be handed one copy back and informed that the order has been made, in some courts you actually see the judge, a process of about 5 minutes when he will chcek your name and address ask whether she has taken any advice (ie CAB) and then get handed a copy of the form back.
Once either of the options has been done she is either put on the form to the OR's office and an appointment made (or if the OR's is across the road she may be informed to go straight over, where a telephone appointment will be booked.
The OR does not see clients prior to a bankruptcy order being made as the OR is not allowed to give advice.
Hope this clears things up for you and well done on being a good friend and supporting her.
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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