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Becs
Starting Member
United Kingdom
44 Posts |
 Posted - 06 February 2009 : 20:33:17
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Sorry ... yet another post from me ... 4 questions I could really do with some wise words on!
1. Just completing form 6.28 Statement of Affairs and a bit confused on whether or not I'm supposed to get this sworn BEFORE my BR hearing, or if it happens as part of the hearing????
Any ideas?
2. Also, in section 3: Assets
I have a lease car provided through my empoyers that I make a monthly cobtribution to straight from my salary. Is this a 'tools of trade?' Also in section 3.9 do I list this vehicle as 'a motor vehicle I have use of that i do not own?', if so I have no idea of the estimated value, nor why this should be relevant?
3.I pay pension through my employer - local govenrment, again this comes straight from my salary, so do I need to put this as an asset? And as its not a state benefit, do I need to list it in 3.4 as a personal pension?
4. Finally is it me, or am i expected to repeat information about the same creditors in both Section 4 and 5?
MANY many thanks 
Becs |
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John
New Member
United Kingdom
73 Posts |
Posted - 06 February 2009 : 21:30:55
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Hi Becs
I'll do my best.
1) The affidavit is sworn when you go to court.
2)The lease car does not belong to you therefore should not be listed as an asset in section 3 either as yours or as a tool of your trade.
The vehicle details should be entered in section 3.9. I'm not entirely sure as to why the value must be entered but suggest it may be information required from the outset as, in some cases, it could be later determined that a bankrupt does have an interest in the vehicle. As yours is on lease it shouldn't apply. Another reason could be that from the value the OR could determine the amount of tax you pay for having the company car. From that it can also be calculated how much tax payment would be "freed up" if the OR insisted you lose the vehicle. From what you have said so far you should be ok to keep it in your case.
3) The employer pension should be listed both as an asset in section 3 and in 3.4.
It is very likely to be an Inland Revenue approved scheme which means you will not lose it but you may be required to stop your contributions to the scheme whilst you are bankrupt.
4) The debts go in section 4. Card details go in section 5 and in section 4 if there is any outstanding balance on the card, as this is, of course, a debt. Re bank accounts in section 5, if any are overdrawn then these too must be listed in section 4 as a debt.
You will see there are a number of similar incidences throughout the SoA where a request for information appears to be duplicated.
I hope this helps.
timendi causa est nescire
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Becs
Starting Member
United Kingdom
44 Posts |
Posted - 06 February 2009 : 21:52:17
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Thank you John!
That's fantastic and much appreciated.
Fear is most certainly perpetuated by ignorance!
Very wise words indeed - thank you.
Becs |
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