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 We have two charges against our property.
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sarah007
Starting Member



1 Posts

Posted - 09 June 2009 :  13:23:59  Show Profile  Visit sarah007's Homepage  Reply with Quote
We have two charges against our property. One for a personal loan and one for a car loan. We have some equity in property but if we go bankrupt what will happen to the these if there is insufficient mones to pay them off after the house is sold?

gettingoutofdebt
forum expert



2418 Posts

Posted - 09 June 2009 :  14:53:06  Show Profile  Reply with Quote
If there is equity in the property then it would be used by the OR to pay all creditors and not just those that are secured on the property.

If there is an insufficient amount from the sale of the property then the rest of the debts would be written off. If you were eligible for an IPA then this money would go to the creditors as well once the OR has taken their fee.

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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 09 June 2009 :  16:59:12  Show Profile  Visit Suzanne's Homepage  Reply with Quote
Hi

All secured creditors will be paid first from the sale proceeds in their order of priority. Any balance they have unpaid, will become an unsecured claim in the bankruptcy.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 09 June 2009 :  22:03:24  Show Profile  Reply with Quote
Hi

do you still have the car?

which company was this and was it put on as an aggressive charge after a court procedure.

Reason. if the car is worth over £2k is may be forefit in Br even thought there is a finance agreement - which is on the house now.

might be worth speaking to cone of the experts to double check your position

Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com

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