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 I am seriouslly considering BR
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ian.johnson42
Junior Member

195 Posts

Posted - 14 July 2009 :  20:22:43  Show Profile  Reply with Quote
I am seriouslly considering BR I have done and still doing a DMP but after a year of it just not working out. Doing a IVA I will be left with no money at all. I was discharged from BR 4 and 1/2 years ago and the debt was mostly bank loan and credit cards and its the same again and I would like to know what restrictions the courts can put on my as its worrying me a lot what they could do.

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 14 July 2009 :  20:58:03  Show Profile  Reply with Quote
Hi,

I think that you may very well get a BRU this time if it has been such a short time since you have been discharged, but you are in the same situation again.

The glimmer gets brighter all the time

Jan
xx
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debtinfo
forum expert



2826 Posts

Posted - 15 July 2009 :  00:11:46  Show Profile  Reply with Quote
What date was your first bankruptcy, it makes a difference if it was before 1/04/04
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gettingoutofdebt
forum expert



2418 Posts

Posted - 15 July 2009 :  07:24:48  Show Profile  Reply with Quote
If your first BR was after 1st April 2004 then you 'may' be liable for a BRU, which would extend the bankruptcy restrictions - http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/bro.pdf

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debtinfo
forum expert



2826 Posts

Posted - 15 July 2009 :  08:12:50  Show Profile  Reply with Quote
Yes but as his discharge was 4 1/2 years ago, this mould mean that hus bankruptcy was pre enterprise act
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ian.johnson42
Junior Member

195 Posts

Posted - 15 July 2009 :  08:32:27  Show Profile  Reply with Quote
Thank you for the replies I was discharged from BR Jan 05 and was wondering whats worse things they can put in place as the debts are same as last time
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gettingoutofdebt
forum expert



2418 Posts

Posted - 15 July 2009 :  11:37:23  Show Profile  Reply with Quote
quote:
Originally posted by ian.johnson42

Thank you for the replies I was discharged from BR Jan 05 and was wondering whats worse things they can put in place as the debts are same as last time



Your were last declared BR under the last legislation so that BR will not count so it will be as if this is the first time you have declared BR.

The worst an OR can do is implement a BRU. They cannot send you to prison, put you in front of a judge to explain why you ran up the debts, etc.
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ian.johnson42
Junior Member

195 Posts

Posted - 15 July 2009 :  12:48:54  Show Profile  Reply with Quote
Can I ask one final question me and my wife need to file bankruptcy can we do this together or does it have to be seprate times and there is no joint debts
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Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 15 July 2009 :  12:53:50  Show Profile  Reply with Quote
You canot petition jointly - you would both have to file seperately

Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
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