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 i feel like a criminal

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T O P I C    R E V I E W
atomic Posted - 08 April 2009 : 18:36:12
hi i have my court date next tuesday 14th. is it true that once the judge has stamped, or whatever he does,the papers that your bankrupsy cannot be stopped. i feel ok about the court bit but im scared stiff about the OR interview as i dont know where all the money went and im sure he/she wont accept that i didnt act stupidly and spent it on silly things, which i didnt, i dont expect not to have to pay some of it back but if they say i cant go bankrupt i dont know what i will do
14   L A T E S T    R E P L I E S    (Newest First)
acm Posted - 09 April 2009 : 16:42:15
Dont worry Atomic

I had my OR call yesterday morning and yes everyone who posts on here and has gone through this will say they were nervous leading up to the call but believe me the OR's office really are very respectful and even to the point cheery. If you can justify your actions and you did not purposely intend to put yourself in this position then they will be fine with you. I honestly thought I was going to have problems and even the experts on here thought I would get a BRO/BRU as I came into some money a few months ago but paid back some members of my family nearly £6,000 but none to creditors. My OR was very straight with me and said that as my family had tried to help me for the last 2 years she could understand my dilema at sorting things with them. What saved me was I was still paying my creditors £1 each and this was noted as a positive. She never once mentioned BRO/BRU and even said I may be discharged after 4-6 months. Could have kissed her. My advice would be to tell the truth and not try to hide anything because otherwise they will ferret around with your affairs.
So just be positive and honest and you will be fine.
atomic Posted - 09 April 2009 : 16:12:14
i will 2stressed and hey you keep in touch as well the only thing keeping me going at the moment is that i can have 4 days off work and im bloody well going to unplug the phone those 4 days to stop the unwanted phonecalls
atomic Posted - 09 April 2009 : 16:06:58
oh no !!!! SG thats exactly what i intended to do lol will have to pull out of public office now! atomic x
2stressed Posted - 09 April 2009 : 15:27:36
Keep posting atomic- im in the sameboat. Its been a rubbish 2 weeks and I have the grief of trying to keep my car next. My family dont know either.
Its hard to understand unless u are going thru it
atomic Posted - 09 April 2009 : 15:25:06
thanks for the support guys i feel a little better i will keep posting for support as the only people who know how im feeling is you guys, its not the kind of conversation im having with my family although my dad whos 76 has offered to go to court with me
alisone Posted - 08 April 2009 : 21:55:10
To fund my bankruptcy, I sold the few shares I had. With the money left over, I paid my outstanding credit card bills and called the HSBC & asked to transfer money from the Co-op to pay off my OD. They said I would need to call the Co-op but when I was about to ring off, they said "...but have you thought about taking out a loan with us instead to pay it off..?" I take responsibility for what I owe but never feel guilty as they actually encourage you to borrow more than you can ever pay back....

2stressed Posted - 08 April 2009 : 21:36:14
I know how u feel atomic- I went BR last week. Although I dont feel like a criminal as such it is a kind of sense of shame
I too found it difficult to explain where the money had gone(mainly interest and robbing peter to pay paul) but the OR never asked for more specific answers
At the end of the day I just explained to the OR that yes I had overspent but had previous employment to make payments- I had previosuly atempted IVA proposal and then got made redundant and trying to find a job in my field is very difficult.
People in debt are not bad people-and in nearly all cases people really do want to pay back what they have borrowed.

Its a big step to getting life back on track and im sure we will all be grateful we did it in 12 mths time
Sunshine_Girl Posted - 08 April 2009 : 21:09:25
No worries, Atomic. Face it, what's the worst that can happen? A bankruptcy restrictions undertaking? Well, unless you're planning on becoming an MP, judge or local councillor in the next few years, why worry?

Oh God, I'm going to look so stupid if you reply and tell me you were about to run for Parliament!

Best of luck either way
SG
John Posted - 08 April 2009 : 20:29:40
Hi atomic

You most certainly are not a criminal.

If you are insolvent it is your civil right to petition the court for bankruptcy. To be insolvent your debts must be greater than your assets which I'm sure they are.

As long as you have the necessary court fees in cash and the completed documentation you will be declared bankrupt.

As far as the OR goes, ask yourself how many people every day petition the court, and when asked, cannot account for all of the expenditure.
It's a common dilemma and the chances are your examiner will help you to identify where the majority of the monies went.

In an age when credit was easily obtainable, almost thrust upon us, everything in the garden was seemingly rosie. Until reality hits we most of us did not even know how much debt we were in. All that concerned us was being able to meet the repayments and if we couldn't the usual trend was to borrow more to "get over that difficult period".

You're one of tens of thousands of people in the same situation and there will be tens of thousands more. You have not hurt anyone or commited a criminal act so please try not to beat yourself up in this way. You're human just like the rest of us and just like the rest of us you make mistakes.
The key is to learn from them which I'm convinced the vast majority of bankrupts do.

The biggest change in insolvency legislation since bankruptcy became an option was the 2002 enterprise act. The purpose of the act, in simple terms, was to give every single bankrupt a 2nd chance. To realise and understand where things went wrong and start again, afresh and free from blame or guilt.

You are as deserving of that 2nd chance as everyone else.

John White
England Jackman & Spacey
Skippy Posted - 08 April 2009 : 20:22:47
Like the others have said you're not a criminal. You've done the right thing by facing up to your debts and doing something about them rather than burying your head in the sand.

I know it's easier said than done but please try not to worry, and please keep posting for support - we all know how you're feeling x

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/

22 IPA payments made, 14 to go - on the home straight!
Caroline Posted - 08 April 2009 : 19:45:52
Hi - I reiterate previous posts, you are not a criminal!! I had the same concern that for some reason, I have no idea what, I wouldn't be allowed to declare myself bankrupt. I went BR last Monday, I didn't even have to see the Judge, my papers were signed no questions asked

Please try not to worry, altho everyone said that to me and I still did!
Niobe Posted - 08 April 2009 : 19:15:08
Don't feel like a criminal, you are doing something positive about your debts, and that is a good thing.

I am sure everything will go fine at court and that you will have no problems with the OR interview.

The glimmer gets brighter all the time

Jan
xx
chester2005 Posted - 08 April 2009 : 19:10:33
YOU ARE NOT A CRIMINAL!!!!!!
We all have different reasons and causes for our financial situations, thats life!!!!
Do not overly stress about the Court or the interview, the judges are normally quite understanding and non judgemental as are the ORs, they are human and will not judge you .
As the judge said to me , all that is expected of you now is to cooperate with the OR simple.


Dave

Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
Life's too short!!!
paulsc Posted - 08 April 2009 : 18:53:14
I was stupid with money and going bankrupt avoided paying money back. I believe the OR arent judgemental i see it as a step in the right directional to a fresh start debt free for the rest of life. Never again will i sign for something


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