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modensane
Junior Member
United Kingdom
214 Posts |
 Posted - 01 June 2008 : 05:08:37
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| Is a BR application ever refused? If so, then under what circumstances? |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 01 June 2008 : 11:58:40
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Hi modensane - I know a judge can reject an application if he feels you haven't looked at other options (IVA, repayment plan etc)
BR is the last resort so he will need to know you have considered all other routes and are fully informed.
The BR experts will be able to give you more examples I am sure!
Vicki x |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 11:57:55
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Hi Modensane,
It is very unusual for a BR petition to be rejected. If you are/were in an IVA, you would need to presnet a letter from the IVA company stating the IVA had failed (preferably, a Certificate of Failure, but these can take an inordinate amount of time to come through .... I wonder why?).
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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pix1
Average Member
689 Posts |
Posted - 02 June 2008 : 14:16:20
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Hi,
A BR could be refused if it is presented in the wrong Court. It should be presented in the court where you have your 'centre of main interests'. It may be that it should be presented in the court where you have lived for most of the last 6 months but, in practice, what really counts is rpesenting it in the Court for the area where you live. That's one reason. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 14:24:41
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Hi Pix1,
You are, of course, correct. In addition, if you live in London, you will normally have to go to the High Court and you'll see the OR the same day (they have offices at the court).
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Topic |
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REFUSAL OF BANKRUPTCY APPLICATION
