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omg
Junior Member
178 Posts |
 Posted - 30 July 2008 : 12:47:03
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| my OH and I are petitioning for BR. We had an IVA but this has failed so we are petitioning joint for unsecured debts of approx £42K/£17K. I have read through the forms and have got to a stage which asks about gambling. My OH gambled on line for a few years but stopped last year. The question asks how much the losses were over a two year period. I have gone through the joint bank statements and found the figure to be higher that my OH debt (17K). Obviously i must have accrued most of my debt servicing the household expenditure. How does the OR deal with this, i don't want my OH going to prison. What can I do? |
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BankruptC
Senior Member
1030 Posts |
Posted - 30 July 2008 : 13:03:32
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Hi omg,
I'm no expert (just going through BR myself) and I'm sure one of the forum experts will come along soon to give you more definite information, but the way I understand it is that your OH won't go to prison for gambling, but may be given a BRU/BRO depedning on the circumstaces. This would mean an extension of the time your OH was still under bankruptcy restrictions, but nothing else.
Hope that helps till an expert comes along! Try not to worry too much.
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John
New Member
United Kingdom
73 Posts |
Posted - 30 July 2008 : 13:05:24
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Firstly if all of the gambling was by your OH then only his SoA needs to acknowledge this.
Secondly, on the down side £17K is a good deal of anyone's money to lose in such a way.
However, on the plus side you can explain that this has ceased sometime ago as soon as you were aware the debts were becoming a problem. No gambling has taken place since, another point in your OH's favour. He won't be going to prison but I would expect the OR to place a restriction (BRU/BRO) on him.It's impossible to determine for how long the OR will want the restriction to stand but for that amount and the fact that this is all in the past I estimate 2 to 5 years would be the proposal.
But don't quote me on that part.
I
Assisting where I can. |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 30 July 2008 : 13:05:42
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Hi
The only thing that the OR could do if they felt this was misconduct would be to arrange a Bankruptcy Restriction Undertaking/Order. This would mean you would be bound by the bankruptcy restrictions for an extended period.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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omg
Junior Member
178 Posts |
Posted - 30 July 2008 : 13:06:55
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What about the fact that many of my credit card cash withdrawals must have been to service this depletion in our joint finances?
What sort of duration would the BRU/BRO be for his debt and gambling? |
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omg
Junior Member
178 Posts |
Posted - 30 July 2008 : 13:11:26
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and would I get a BRU for it?
Do I just enter the figure on his form and leave mine as nil |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 30 July 2008 : 13:11:52
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The OR might look at this from a failure to account angle which would attract around a three year BRU.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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omg
Junior Member
178 Posts |
Posted - 30 July 2008 : 13:15:26
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| So he could get one for 3-5 years and i would get one for 3 years? I am so worried about this! This has only come to a head because i was made redundant and got a job that paid alot less! |
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omg
Junior Member
178 Posts |
Posted - 11 August 2008 : 12:42:12
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| Have finished going through the bank accounts and found that between my OH and I, we paid into the bank over a 9/10 month period about £27K which came from credit card cash withdrawals. not sure whos is who? (mostly mine i should think) OH gambling losses account for £25k in that period. OH debt £17K, mine £42K. No gambling or credit for last 7 months. what is going to happen to us?? |
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gambling
