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Debtdummy
Junior Member
United Kingdom
267 Posts |
 Posted - 13 March 2007 : 15:02:58
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Hello hellybelly, I hijacked you last 2 posts from the sister IVA forum for ease and continuity in responding.
Posted - 13 March 2007 : 13:42:41 Show Profile Reply with Quote
My partner is filing for BR and is also going through the last stages of his divorce.
He owes his solicitor £200 already and by the time its finalised it will no doubt be more.
Will his solicitor have to know about the BR and if she does, will it affect the divorce?
hellybelly
Posted - 13 March 2007 : 14:15:41 Show Profile Reply with Quote
Oops got another question. Does my partner have to be on the electoral roll, will the court check it when he files his BR/ hes only lived here a few months and we've never got round to putting him on it.
All I have left is my sense of humour. |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 13 March 2007 : 15:11:28
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| Thats fine DD, i have so many questions now its all happening! |
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Debtdummy
Junior Member
United Kingdom
267 Posts |
Posted - 13 March 2007 : 15:16:41
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In terms of his bankruptcy preventing him from obtaining a divorce, no it will not have an affect. BUT if he and his wife had joint financial obligations yes, both of their signatures on loan forms, etc. He is filing for a BR so he is protected, but the creditors will now start chasing her for the payments.
If he has children, child support payments are not excluded under a BR. If he has a pension, the future ex-wife will receive 50% as part of her divorce settlement. However, all of this will be explained by the solicitor.
One more point, when the solicitor realises he is petitioning for bankruptcy s/he may want his/her money up front so as not to be listed as a creditor in your partner's br.
As for the electoral roll. Do not be concerned about that the judge will still approve it IF your partner sought professional advice. The judge will ask him, and if your partner's reply is, ''no'', it will be a lose of money because the judge will NOT sign-off on it.
I am not a bankruptcy professional, but one should arrive shortly and answer your questions in more detail. Sorry it takes us so long to answer a reply here. 
All I have left is my sense of humour. |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 13 March 2007 : 15:28:01
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Thats great DD, his wife is not liable for his financial business, everything was in his name, the pension has been sorted also. He has sought professional help, so no problem on that score.
I don't understand when you say child support is not excluded from BR, he has an arrangement with his soon to be ex wife so it doesn't go through CSA and he's not in arrears. |
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Debtdummy
Junior Member
United Kingdom
267 Posts |
Posted - 13 March 2007 : 15:41:16
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hello, hellybelly, what I meant was the child support has to continue being paid to the child/children after your partner has the BR approved.
The child support can't be viewed as a creditor. Pardon the confusion. Well, it sounds like he is all set to go! Oh yes! He has to pay in cash at the courthouse.
Please post as others would like to know what going to the courthouse was like, etc.
Take care, hellybelly.
All I have left is my sense of humour. |
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hellybelly
Junior Member
United Kingdom
202 Posts |
Posted - 13 March 2007 : 15:51:16
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He admitted to me last night he was terrified of going to court, until we found out that its not like an actual court hearing with the judges in daft wigs and so on.
I'll keep you posted. |
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Partner Divorcing and Doing A Bankruptcy
