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 can the judge refuse to BR you.
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tracy_b
Junior Member

United Kingdom
457 Posts

Posted - 06 September 2008 :  12:39:48  Show Profile  Reply with Quote
Hi
Getting worried now. Going BR on 9th OCT with Hubby. Both disabled and living on benefits only. Debts happened over several years but got nothing to show for them. Have not missed any payments to creditors except for this month when i cancelled all D/D cause i couldn't find any more money. Have been borrowing from credit cards to pay other cards and food shopping etc. Could not meet the minimum payments of £1500 approx and keep up with rent and rates etc.
My question is Can Judge decide not to make you BR in light of all these facts, only missed one months payments, no real reason for debt etc.
Any help is much appreciated
Tracy

Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 06 September 2008 :  13:22:40  Show Profile  Reply with Quote
Hi Tracy

As long as your insolvent, as is you have no real disposable income to pay your creditors after you have paid for all your essential living costs then there wont be a problem.
Like you i kept thinking they wont allow it, they will look at my file and my past and say we will not be allowed, but everything was fine.
Try not to worry, it will be ok.


And Remember To Keep Smiling
Jo :)

"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my updated blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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tracy_b
Junior Member

United Kingdom
457 Posts

Posted - 06 September 2008 :  13:26:06  Show Profile  Reply with Quote
Thanks Jo for your reply. I just cant stop thinking about it and worrying about the what ifs. i think i would die if the judge wouldnt let us go BR!
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 06 September 2008 :  13:30:12  Show Profile  Reply with Quote
I know what you mean, for us that was our last option and we had nothing else up ours sleeves, if it had not been accepted i think i would have crawled into a ball and just died. If you get what i mean. :)

And Remember To Keep Smiling
Jo :)

"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my updated blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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tracy_b
Junior Member

United Kingdom
457 Posts

Posted - 06 September 2008 :  13:35:13  Show Profile  Reply with Quote
it all seems so unreal. Here i am ,a 40 something, with nothing to show for my life except my 2 boys which i am extreemly proud of. I have no money, no assets and i really didn't think i would end up in this situation. Lifes just a big pile of S... sometimes.
Tracy
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 06 September 2008 :  13:38:46  Show Profile  Reply with Quote
I know. But i always say there is light at the end of the tunnel and for me a month on i know there is.
My Kids keep me going too so i do understand. Also there is no stigma attached to BR now, its becoming a way of life and if any one ever says its an easy option then they are sooooooooooo wrong it is not, it was the hardest decsion i have ever made in my life.
Good luck mate

And Remember To Keep Smiling
Jo :)

"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my updated blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Go to Top of Page

tracy_b
Junior Member

United Kingdom
457 Posts

Posted - 06 September 2008 :  13:41:48  Show Profile  Reply with Quote
Cheers Jo,
I wouldn't wish this on anyone, but i am glad theres a forum full of people in the same boat. Reading an comenting on others peoples posts really helps and i would encourage anyone to read as much as they can.
Cheers again Jo

Tracy
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 06 September 2008 :  14:07:58  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Tracy,

The only reasons the judge can deny a BR Order is if (a) you're not insolvent (ie won't pay, not can't pay), or (b) you were in an IVA and didn't present the court with written confirmation the IVA has failed.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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tracy_b
Junior Member

United Kingdom
457 Posts

Posted - 06 September 2008 :  15:10:57  Show Profile  Reply with Quote
Thanks Julian,
Thats a load off my mind. At least now i know it will be over and done with soon.
Tracy
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 06 September 2008 :  22:01:23  Show Profile  Reply with Quote
Hi

thought I would let you know of one person who the judge rejected on the day and asked to come back after thinking about the situation.

The person presented their own statement of affairs and the Income & Expenditure showed a MINUS £600 per month. The judge recommended that the person take advice as after declaring Br they would be in debt within 30 days!.

The person had a 1st & 2nd Mortgage and after advice re-presented the SOA in 90 days having moved house and had a monthly surplus of £35. The Judge was much happier with the 2nd attempt.

Thought this may help someone

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 06 September 2008 :  22:10:40  Show Profile  Reply with Quote
On a different note

The only thing that people will remember of each of us is who we are and what we stand for. They won't remember what we had in the bank or how big our kitchen was!.

Family & Friends are everything. Cherish and enjoy every minute with them.

My father ( now deceased ) always refered to my children as His Inheritance, because he enjoyed them so much.



Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 06 September 2008 :  22:13:58  Show Profile  Reply with Quote
Ah Paul,
That is so sweet and a great way to remember your dad by.
Your advice is as always so helpful, i did worry that we would not be able to have our BR but i worried for nothing, i think we all do.
Afterwards i dont know what i was worrying about, i think all the Experts and the members on here are a great Team as you know there is no "I" in team.
Have a great weekend. :)

And Remember To Keep Smiling
Jo :)

"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my updated blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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