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 Forum Questions
 Is it possible for us to go bankrupt individually ?
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Dido
Starting Member



United Kingdom
6 Posts

Posted - 23 January 2010 :  13:10:25  Show Profile  Reply with Quote
I have a query: My husband and I are both going bankrupt but unfortunately do not have the £1000 upfront fee to do it. Is it possible to do it individually ie one go bankrupt one month and one go bankrupt a couple of months after that and if so what happens with the joint and severally liable debts in this instance? We have a mortgage outstanding on our repossession of £20,000 and old council tax debts in joint names. Do they take his half off first or do they plough it all into the last person's overall debt?

charlie44
Junior Member



231 Posts

Posted - 23 January 2010 :  13:57:08  Show Profile  Reply with Quote
If they are joint debts, they will go to the person who is not BR.

Life`s Tragedy is that we get old too soon
and WISE too late!
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gettingoutofdebt
forum expert



2418 Posts

Posted - 23 January 2010 :  14:21:15  Show Profile  Reply with Quote
There is nothing stopping you declaring BR separately but as Charlie says and joint debts will then revert to the non-BR person so they creditors will chase them for the debts.
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Richard P
Senior Member



United Kingdom
1701 Posts

Posted - 25 January 2010 :  19:18:32  Show Profile  Reply with Quote
Hi Dido

My wife and I went bankrupt about 6 months apart

My wifes joint debts transfered to me,

The lenders went quiet for about 6 - 8 weeks and then the phone calls started again.

My wife will have little or no chance of being discharged early (not that we are in any rush to be discharged) as the files are again being tied up and processed together.

The Or and judge both asked why the time frame, I had a fair answer and nothing further has been said

So in answer to your question No problem staggering BR and as you have already stated it was staggered to allow you time to raise the funds, should be acceptable

regards Richard
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 26 January 2010 :  12:18:46  Show Profile  Reply with Quote
hi
As has already been said, there is nothing wrong with staging BR - one at a time. See what Richard P has said - it is working for them.

I suggest that you seek some free advice from one of the insolvency advisers on the left hand side of the page - they come highly recomended with a good pedigree.

If you have assets, they may be able to be saved - depends how far action has gone down the road and values etc - not impossible.

Be strong and seek advice now - post again after you have emailed or telephoned the insolvency experts on the forum.

Richard

"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!)
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