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Angela.z
Starting Member
4 Posts |
 Posted - 17 March 2011 : 22:29:25
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| I am going bankrupt next week and have been told there will be no claim on my partners assessts as I am not on the mortgage I am so worried there will be repercussions can anyone advise me. |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 18 March 2011 : 12:45:50
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Hi there
your bankruptcy will deal with only debt in your name (sole or joint) and likewise assets in your name.
With regard to your partner, it all depends on whether you live with him at the property, if so for how long? and have you contributed to the mortgage in anyway?, If not, and only pay 'rent' such as a board and lodge amount, the OR would not be concerned in any way, If however, you had been living at the property for a number of years and fully contributing such as half mortgage, bills etc, the OR may look into the question of whether you have any interest in the equity in the property (this is rare though!)
Good luck next week, and if we can be of any further help please feel free to 'post' away. Melanie
Melanie Nicholas
30 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
telephone 01792 899996
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janie40
Starting Member
United Kingdom
9 Posts |
Posted - 18 March 2011 : 22:27:54
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Thanks Melanie, I have lived with my husband 8 years but the mortgage has always been in is name only beacause it was like that when I met him, I;m not worried about going to court but scared stiff of the OR interview everyone makes out its a nightmare!!! Surely he's going to ask me about my husbands income??? xxxx
janie |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 20 March 2011 : 15:28:53
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Hi Janie
it is you that is petitioning for BR not your husband. yes they will ask what contribution he makes to family expenditure and income.
Most OR interviews are operated by nice people who understand life, if they think you are trying to decieve they will up the anti but if you are open and as honest as possible you will be fine.
if you are concerned about the interview or your husbands income being brought into the equation then make contact with one of the experts, some will help with presenting your petition and turning up and holding your hand at the interview.
good lcuk Richard |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 20 March 2011 : 16:08:13
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However, if you do use any of the experts, be advised that their help does come at a cost over and above the court fees.
If you can manage it yourself then I recommend that you do so.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
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janie40
Starting Member
United Kingdom
9 Posts |
Posted - 20 March 2011 : 16:54:05
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Hi everyone thanks for the advice, yes Richard its me that is petitioning my husband has nothing to do with it, he does give me housekeeping money but that has been going on my bills and its all been a vicious circle. I take it as long as I'm completely honest with the or then all should be ok. I am so so scared for this week, how long after the court makes you bankrupt do you have the interview with the or and what determines whether its by face or phone.
Thanks in advance
janie |
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debtinfo
forum expert
2826 Posts |
Posted - 20 March 2011 : 17:26:55
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| Normally the OR will contact you initially within a couple of days, to check if there are any urgent matters. They will then set an inteview date for you, Normally only traders or very complicated cases have a face to face interview, other reasons are sometimes if you very close to the OR's office or sometimes just because the examiner who interviews you is practicing face to face or being assesed as occasionally happens, but in all likelihood if you are not trading then you will have a telephone interview. |
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janie40
Starting Member
United Kingdom
9 Posts |
Posted - 20 March 2011 : 18:21:16
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thanks for the infomation, do they go into alot of depth and how long does it normally last. I just want the whole thing over with ist worrying me sick!
janie |
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debtinfo
forum expert
2826 Posts |
Posted - 20 March 2011 : 19:08:24
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how long is a piece of sting?
they will ask as little or as much as needed depending on the circumstances, some dont have an interview at all, the longest interview i have known was about 8 hours |
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janie40
Starting Member
United Kingdom
9 Posts |
Posted - 20 March 2011 : 19:27:40
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Oh great thats put my mind at ease!!! But then you said some dont have an interview at all. Can you tell me do they inform your creditors and freeze your bank account staright away
janie |
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debtinfo
forum expert
2826 Posts |
Posted - 20 March 2011 : 19:43:18
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the creditors dont get informed until about 6-8 weeks on average, the OR sends them a report based partly on your interview so that happens first.
When the OR rings you initially to ask about any urgent matters they usually ask you if you want to keep a bank account open, if so they dont freeze that account (in fact they write to the bank stating that they have no objction to you using it)all other bank accouts will be closed by the OR straight away |
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janie40
Starting Member
United Kingdom
9 Posts |
Posted - 20 March 2011 : 19:59:44
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Thanks for the info So when I get chased by the creditors what do I tell them??
janie |
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glafy
forum expert
436 Posts |
Posted - 20 March 2011 : 20:05:40
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Hi janie.
If creditors phone or write then you need to give them the name of the court that you petitioned in, your Bankruptcy number and year and the date of Bankruptcy.
No more information is needed.
They will say ok & that should be it.
It is a great relief and quite liberating!!!
"Good things come to those who wait".....I'm a patient person but this is taking the Mickey!! |
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debtinfo
forum expert
2826 Posts |
Posted - 20 March 2011 : 20:06:01
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| you just tell them your bankruptcy order number and you bankruptcy date and possibly the OR's office dealing with your case |
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glafy
forum expert
436 Posts |
Posted - 20 March 2011 : 20:08:53
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Sorry debtinfo, typed over you!
"Good things come to those who wait".....I'm a patient person but this is taking the Mickey!! |
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debtinfo
forum expert
2826 Posts |
Posted - 20 March 2011 : 20:18:03
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| no prob, at least we said the same thing :-) |
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Topic |
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I am going bankrupt next week
