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| pix1 |
Posted - 26 March 2009 : 11:32:20
The bankruptcy petition statement of affairs asks, in Section 5, a series of questions regarding bank cards and accounts.
It specifically asks the petitioner to state whether they have any bank cards and to list them.
It also specifically asks for details of babnk accounts held in the last two years.
There is absolutely no reason to suppose that it is advisable, as Melanie has advised a questioner in another post, to leave out an account because nothing is owed to the bank on on that account.
The form clearly asks the petitioner to list all cards and accounts held, not to,list only cards ona accounts on which money is owed.
The warning after 5.3 in the form makes it plain that all bank cards and accounts should be listed and that arrangements can be made so as to avoid a bankrupt being left in a position of not having a functioning account during bankruptcy.
It would clearly be breaking the rules not to list all bank cards and accounts and the advise to questioners on this forum should be to list all bank cards and accounts.
Unfortunately, the administrators on the forum do not seem to want this point to be made, however, perhaps someone can clear this up for me - preferably before this post gets deleted. hopefully it won't as my intention is to help people get things right in their bankruptcies. |
| 3 L A T E S T R E P L I E S (Newest First) |
| pix1 |
Posted - 26 March 2009 : 12:56:41
Well, I suppose as long as no one gets into trouble and the OR is happy not to know about all a petitioners accounts and cards that's fine. Maybe, then, I did not need to list my Halifax Easycash Account because I owed them nothing and the balance was pennies. Unfortunately they closed my account on hearing of my bankruptcy because it breached the terms and conditions. It is worrying that people could be in breach, at least technically, of their bank t's & c's if the bank does not find out they are bankrupt.
In terms of my experience with the Halifax account my post is based on experience.
Thanks. |
| Skippy |
Posted - 26 March 2009 : 12:21:43
Thank you for clarifying this Melanie.
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/
21 IPA payments made, 15 to go - on the home straight! |
| Melanie.n |
Posted - 26 March 2009 : 12:19:55
Hi there
In answer to your post as to why I personally advise people to not list their new basic bank account on the statement of affairs document. Incidentally this advice is given purely where an individual has opened a new account for salary purposes in a bank unlinked to any of their debts.
The S of A is a document where you list all debts - the OR is concerned with any creditors/debts you have, including any bank accounts where you owe money. If you have opened a new basic account unlinked to any of your debts this is not a creditor and as such does not need to be listed on the forms. Individuals are further advised that when they have their telephone appointment with the OR following the making of a bankruptcy order to inform the examiner that they have opened the new account.
This advice is given after many years working in the OR's office dealing with 100's of SofA's and bankruptcies - and the advice is given to hopefully alieviate the problem of someone having their salary frozen in a bank account for a number of days until the OR makes the phone call to the bank to unfreeze the account - I do not want anyone not to have access to their money and why the advice is given. Hopefully this will clear up any concerns you have
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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