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 Hi, I am thinking of going bankrupt very soon
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marcjx
Starting Member

United Kingdom
2 Posts

Posted - 07 January 2009 :  11:08:36  Show Profile  Reply with Quote
Hi, I am thinking of going bankrupt very soon, would the courts be able to take my Dog, as obviously I have to pay for food for it and vets bills etc? Also I am getting married next year, would the courts then be able to take any money from my wife, for example if she recieves a windfall or buys a house which I will be paying towards the mortgage?

Thanks

pix1
Average Member

689 Posts

Posted - 07 January 2009 :  11:37:58  Show Profile  Reply with Quote
Hello,

When bankrupt the Official Receiver - who will handle the case - will be able to enquire what your wife contributes to household bills when an assessment is made of whether oyu can afford what is known as an Income Payments Agreement/Order. Other than that any assets ONLY IN HER NAME cannot be touched but if there is or will be anything in joint names half those assets could be taken into account i your bankruptcy, e.g. if you jointly owned a property with equity in it. If your wife received a windfall this would be solely hers. If she won 7 million on the lottery she might just give oyu a few quid to pay off your creditors and the insolvency fees!

I can't resist this joke: there isn't a cat in hell's chance that they will take your dog! You are barking up the wrong tree there (we love our jokes on here and I hope you take it as such). Seriously, though, the rules say that, i believe, £20 per month is officially allowed for pets under essential expenditure. So it will be alright to keep the dog - provided he/she goes easy on the pedigree chum!
I suppose, technically, if someone had several pets there could, in theory, be an issue but I don't think the courts and OR want to come across as anything other than animal lovers.

Good luck.
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pix1
Average Member

689 Posts

Posted - 07 January 2009 :  11:42:24  Show Profile  Reply with Quote
Hello,

When bankrupt the Official Receiver - who will handle the case - will be able to enquire what your wife contributes to household bills when an assessment is made of whether you can afford what is known as an Income Payments Agreement/Order. Other than that any assets ONLY IN HER NAME cannot be touched but if there is or will be anything in joint names half those assets could be taken into account in your bankruptcy. For example,if you jointly owned a property with equity in it. If your wife received a windfall this would be solely hers. For example,if she won 7 million quid on the lottery this could not be touched by the authoroties but she might just give you a few quid to pay off your creditors and the insolvency fees!

I can't resist this joke: there isn't a cat in hell's chance that they will take your dog! You are barking up the wrong tree there. Seriously, though, the rules say that, I believe, that £20 per month is officially allowed for pet/s under essential expenditure. So it will be alright to keep the dog - provided he/she goes easy on the pedigree chum!

I suppose, technically, if someone had several pets there could, in theory, be an issue but I don't think the courts and OR want to come across as anything other than animal lovers.

Good luck.
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pix1
Average Member

689 Posts

Posted - 07 January 2009 :  11:47:35  Show Profile  Reply with Quote
Just adding to what I said about pets: £20 per month is what is allowed under essential expenditure for pets. However, you would be allowed an amount of disposable income and only up to 70% of this (in practice, more likely 50%) would be taken up in any IPA/IPO. You may not get an IPA/IPO, anyway. It all depends on what you are earning and your outgoings. If you had vets bills this would probably have to come out of disposable income. Whatever happens, I am sure you will be able to keep your dog.
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MrandMrs
New Member



United Kingdom
99 Posts

Posted - 07 January 2009 :  12:43:21  Show Profile  Reply with Quote
Hello
I looked into this one in detail as we have 2 dogs and 2 cats that mean the world to me. I was informed that, unless you have an extremely valuable pedigree pooch then the OR isn't interested at all. As Pix says, you are allowed a set amount for pet care in your SOA, but I would advise to make sure they are insured as the amount allowed just about covers food for one animal...if you're lucky. The last thing you want is to find you are faced with a huge vet bill that you cannot pay.

working towards the first day of the rest of our lives
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