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 bankruptcy postbag for august
 Redundancy and Bankruptcy
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stu
Junior Member

United Kingdom
179 Posts

Posted - 12 August 2008 :  18:44:07  Show Profile  Reply with Quote
Hi
Im going to apply for Bankruptcy after speaking to a advisor from here. But im also due to be made redundant in November. I owe family members money and intend to pay back what i owe from my redundancy. Plus is it possible to 'hide' the rest my money in my parents bank account and will the court as were my money has gone if i apply for bankruptcy a month AFTER my redundancy?

omg
Junior Member

178 Posts

Posted - 12 August 2008 :  18:49:03  Show Profile  Reply with Quote
If you pay your family members in favor of your other creditors I think you can be subject to a BRU. You must not 'hide' money, the OR will ask where it has gone, what it was spent on and hence find it, and it will be needed to offer to your creditors, however you can use some to pay for the petition and your living costs up to BR.
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stu
Junior Member

United Kingdom
179 Posts

Posted - 12 August 2008 :  19:08:34  Show Profile  Reply with Quote
So they will check up on my employment history and can find out what redundancy was payed to me? But what if i spend it then go bankrupt, will that be a problem?
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BankruptC
Senior Member



1030 Posts

Posted - 12 August 2008 :  19:13:10  Show Profile  Reply with Quote
Hi Stu,

AFAIK They will see from your pay slips what you were paid and will want you to account for it. If you spend it in advance of BR, it will likely be seen as 'disposing of an asset which could be used in favour of creditors' and you could well be looking at a BRU/BRO.

CG. x
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rollercoaster
Junior Member

United Kingdom
327 Posts

Posted - 12 August 2008 :  19:39:00  Show Profile  Reply with Quote
BR is always the easiest for those who are honest about everything.
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stu
Junior Member

United Kingdom
179 Posts

Posted - 12 August 2008 :  20:14:07  Show Profile  Reply with Quote
What would happen if i went Bankrupt many months after my redundancy? Say 6-8 months after? I have to look at all my options and try do whats best for me and my family?
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John
New Member



United Kingdom
73 Posts

Posted - 12 August 2008 :  20:15:56  Show Profile  Reply with Quote
Hi stu
if you receive £15K in redundancy and go BR a month later without being able to account for the money I should warn you that you may not just get a BRU / BRO.
Over a year ago someone in my area removed £12K in cash from his account and declared bankruptcy the following week without disclosing the withdrawal.
Needless to say the bank (as would the inland revenue) on being notified of the person's BR informed the OR of what happened.
The guy got 6 months at her Majesty's pleasure.

www.Bankruptcyhelp.org.uk
0800 078 9367
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omg
Junior Member

178 Posts

Posted - 12 August 2008 :  20:56:37  Show Profile  Reply with Quote
Did he get imprisoned for not declaring the money, i thought you couldn't go to prison for bankruptcy proceedings??
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stu
Junior Member

United Kingdom
179 Posts

Posted - 12 August 2008 :  21:07:03  Show Profile  Reply with Quote
quote:
Originally posted by John

Over a year ago someone in my area removed £12K in cash from his account and declared bankruptcy the following week without disclosing the withdrawal.
Needless to say the bank (as would the inland revenue) on being notified of the person's BR informed the OR of what happened.
The guy got 6 months at her Majesty's pleasure.


Hi John
I understand that declaring Bankrupt a aweek after withdrawing the money is a stupid thing to do but would they question it 6 months after me getting rudundancy and me saying some or most of it has gone?
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John
New Member



United Kingdom
73 Posts

Posted - 12 August 2008 :  21:41:48  Show Profile  Reply with Quote
Hi stu
Clearly the longer you leave it the more justifiable it would be to have spent it on general living expenses.

Hi omg
he didn't go to prison for going BR it was the degree and flagrant misconduct. Plus the money was not declared on the SoA. When you submit your petition you sign an affidavit confirming that the content is accurate. You have commited perjury with such a failure to disclose.

www.Bankruptcyhelp.org.uk
0800 078 9367
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