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hellybelly
Junior Member
United Kingdom
202 Posts |
 Posted - 12 March 2007 : 08:32:25
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My partner has almost completed the bankruptcy application thing online.
But we have a few questions.
1. Does he stop paying into his debt management plan now or will it be better for him to continue?
2. When it asks "Reason for bankruptcy" does it have to be a long winded essay or just a few sentences?
3. Are there any reasons why the court would refuse him bankruptcy? |
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go_4_broke
Junior Member
221 Posts |
Posted - 12 March 2007 : 11:51:46
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Hi helly,
Here's a 'holding' reply for you to be going on with.
1) Any money into the DMP at this stage is money down the drain. Use it to make sure your 'priority' debts are up to date and if there's any left have a night out or two.
2) Long winded is not required, keep it brief but ensure all the main points are covered. Include a summary of any debt advice received.
3) Yes, the main one being if they thought he could actually pay his debts, and/or had not taken proper advice which is why it is important to mention what has been taken.
-Best
'Bankruptcy - an elephant from the front - a mouse from the back' |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 12 March 2007 : 12:00:05
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Thanks go_4_broke.
If he stops paying into his DMP won't his creditors hassle him again? I don't think we can face all the calls again, but I suppose if we tell them he's filing for bankruptcy theres not much they can do, am I right? |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 12 March 2007 : 12:03:55
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Another question, how long does the whole process take?
If we rang the court today, on average, how long do we wait for a date to file? |
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Debtdummy
Junior Member
United Kingdom
267 Posts |
Posted - 12 March 2007 : 14:16:54
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Hello hellybelly, I too am petitioning for a BR in April.
Where you live determines how long the wait for an appoinment.So, contact the courthouse asap and set a date. Do NOT pay any creditors except mortgage(if you can afford to keep your home)rent, council tax, utilities and home insurance.
Yes, the telephone will start ringing again and just because you inform them of an impending BR will not stop the debt collectors from contacting you. Some may even tell you they will NOT accept the BR. Do not become alarmed this is not true;and do not give any payments them.
Also, on the insolvency site there is a helpline telephone number. They are very informative.
go_4_broke (love that name by the way)is correct. A long-winded explanation is not needed. Short and factual will suffice.
Please continue to post so we can all see how it transpires. Good luck.
All I have left is my sense of humour. |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 12 March 2007 : 14:40:29
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| He rang the county court this lunchtime and its set for the 22nd March! He could have got in on the 19th but we couldn't afford the fee then, so roll on the 22nd! |
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go_4_broke
Junior Member
221 Posts |
Posted - 12 March 2007 : 14:52:29
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You are right and as d/d (and thankyou) also rightly says this will not stop them. There are many people who will threaten bankruptcy without ever doing it.
However there is a really simple way you can get round this. . .
CHANGE YOUR PHONE NUMBER !!
Sorry to shout but that really is all you need to do. Write once to all the companies concerned, then bin any collection letters unless they come from proper solicitors, and if you get any callers tell them to go away and/or write to the company concerned telling them not to bother to send any (and why). If they don't think there's a result in it they won't bother.
-Best
'Bankruptcy - an elephant from the front - a mouse from the back' |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 13 March 2007 : 13:37:09
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We've filled the forms in now, did it online which is so easy, am I right in thinking my partner shouldn't sign them till he gets into court?
And if he doesn't see the OR on the same day, can he have his wage paid into my bank account? As he probably won't have his Lloyds account by then even though he doesn't owe Lloyds I don't think they'll allow him one. |
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Debtdummy
Junior Member
United Kingdom
267 Posts |
Posted - 13 March 2007 : 14:52:17
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hellybelly, have your partner make 3 copies of the br petition. He does NOT sign them at home because he has to take an oath at the courthouse before he can sign.
He should not be paying any creditors, only mortgage(if he can afford the house)/rent, council tax, and utilities. He will have to have ALL bank accounts with his name on them EMPTY BEFORE the judge signs the bankruptcy petition. Immediately AFTER the judge approving/signing the bankruptcy, he can open another bank account. He does not have to wait to see the OR in order to open a bank account.
Good luck!
All I have left is my sense of humour. |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 13 March 2007 : 15:10:24
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| Thanks DD, I was under the impression he had to wait for the OR so thats great news! |
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BankruptcyHelpline
Junior Member
United Kingdom
195 Posts |
Posted - 13 March 2007 : 19:37:03
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Sorry to be pedantic DD, three copies are not necessary in most courts, they make additional copies for you, as for bank accounts needing to be emptied.... the Official Reciever (or official reliever as we call him!) will ensure that any money you need in any bank accounts for essentials is not locked up.
Regards, Dennis,
www.BankruptcyHelpline.Org
0208 626 9366 |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 14 March 2007 : 07:04:32
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Strangely enough or it might be a coincidence, but Northern Rock and MBNA have started hassling us again, even though he's still on a DMP in theory (he paid his last payment 2 weeks ago). They both rang several times yesterday asking for an update.
Have they got wind of the bankruptcy? And is it wise to tell them of the impending BR or shall we just wait till its filed and tell them the good news?
Northern Rock actually said on the phone to him that he promised to pay more this month!! Bare faced lies! I can't wait for him to be bankrupt just so he can politely tell them to bog off!! |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 14 March 2007 : 14:14:06
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When we go to court do we need to take all his bank statements and loan and credit card agreements.
I don't want us to forget anything so can someone tell me what paperwork is absolutely necessary? |
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Debtdummy
Junior Member
United Kingdom
267 Posts |
Posted - 14 March 2007 : 14:35:43
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OOps! Sorry Dennis, you are correct. I was basing that information from the procedures of my local county courthouse. I was told to bring my 3 copies with me. 
All I have left is my sense of humour. |
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Debtdummy
Junior Member
United Kingdom
267 Posts |
Posted - 14 March 2007 : 14:56:14
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hellybelly, I posted some info on bank accounts and bankruptcy.
Take care.
All I have left is my sense of humour. |
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Debtdummy
Junior Member
United Kingdom
267 Posts |
Posted - 14 March 2007 : 16:06:45
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quote:
Originally posted by hellybelly
When we go to court do we need to take all his bank statements and loan and credit card agreements.
I don't want us to forget anything so can someone tell me what paperwork is absolutely necessary?
To see the judge you only need the fee and the bankruptcy petition.
After being approved you may or may not see the Official Receiver straight away. An appointment will be arranged either face-to-face or via telephone.
The OR will obtain any statements you do not have,so don't worry. They usually go back a year, but there is nothing preventing them from going back 2 years or further. S/he is merely doing their job.
Also, you will have to fill in a rather lengthy questionnaire which the OR will give you. You state items of value, etc. The OR requests this because s/he is looking for assets to sell (auction) in order to pay back your creditors. S/he is NOT going to take trinkets and ordinary household furnishings including your XBox. However, if you an antique or a Van Gogh or Tiffany jewelry...well...that's another issue.
When I go to petition all I am taking are the bankruptcy forms, the fee and smelling salts. Ha! If I took along statements, people would be able to hear the ruffling of the pages because my hands would be shaking so hard(smile).
All I have left is my sense of humour. |
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Started the bankruptcy path
