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WT71
Starting Member
22 Posts |
 Posted - 17 July 2009 : 13:21:40
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| Help Please! Can an expert confirm if I can include debts associated with council tax and service providers such as British Gas, Talk Talk, etc, on my BR forms? |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 17 July 2009 : 13:38:22
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| Yes, these debts can be included. About the only debts that can't be included are Student Loans taken out after 1997. |
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poodle
Starting Member
49 Posts |
Posted - 17 July 2009 : 13:57:22
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| Sorry to gatecrash your post, but I have just gone bankrupt and not put my student loans down on my soa as a debt yet I took them out in 1993,94,95 and 96. Could these debts have been written off in my bankruptcy? |
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WT71
Starting Member
22 Posts |
Posted - 17 July 2009 : 14:02:50
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| Thanks for your response. Could council tax go down on the BR forms as well? |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 17 July 2009 : 14:07:33
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Any council tax arrears up to the date of bankruptcy will be included.
The glimmer gets brighter all the time
Jan
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 17 July 2009 : 14:26:03
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quote:
Originally posted by poodle
Sorry to gatecrash your post, but I have just gone bankrupt and not put my student loans down on my soa as a debt yet I took them out in 1993,94,95 and 96. Could these debts have been written off in my bankruptcy?
Sorry, I thought that before the 'mortgage style' student loans they could be included by looking at the Technical Manual any BR after July 1st 2004 cannot include Student Loans:
40.24 Student loans
Student loans have been made under several pieces of legislation and their status depends on the legislation under which they were made and the date of the bankruptcy. The current position is that in all bankruptcy cases where the order was made on or after 1 September 2004, all outstanding student loans are not provable debts and thus are not released on a bankrupt’s discharge from bankruptcy [Note 35].
On 1 July 2004 the Higher Education Act 2004 was implemented, which changed the student loan legislation and made separate provisions for student loans made under the Education (Student Loans) Act 1990 and the Teaching and Higher Education Act 1998.
Where the bankruptcy order was made on or after 1 July 2004, all student loans made under the Education (Student Loans) Act 1990 (often referred to as mortgage style loans) were made non-provable in bankruptcy with the consequence that they were also not released on discharge.
Loans under the Teaching and Higher Education Act 1998 (often referred to as income contingent loans) were similarly made non-provable in bankruptcy, with effect from 1 September 2004, following implementation of the regulations applicable to the Higher Education Act 1998, namely the Education (Student Support) (No.2) Regulations 2002 Amendment) (No.3) Regulations 2004 [Note 36].
Where bankruptcies occurred prior to these dates, student loans may be treated as provable debts and thus be included in the bankruptcy and released on discharge. The dates are 1 July 2004 for loans under the Education (Student Loans) Act 1990 and 1 September 2004 for loans made under the Teaching and Higher Education Act 1998.
No part of a student loan may be claimed as part of the bankruptcy estate, as after-acquired property or as part of an income payments order or agreement |
Edited by - gettingoutofdebt on 17 July 2009 14:26:31 |
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Help Please! Can an expert confirm
