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gaynordk
Starting Member
7 Posts |
 Posted - 26 July 2009 : 20:44:24
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| I am going to court on Thursday to declare myself bankrupt. Please can you tell me when I speak to the OR will my maintenance payments be counted as income. I currently am not working - 2 disabled children and a failed attempted business venture, am a carer (Carers Allowance) and receive tax credits as well as maintenance. My bills amount to £2240 and I receive £2357. however my maintenance has always been a volountary arrangement and not always paid in full or at all if times are very bad. Is it likely I will have to enter into a payment agreement? Many thanks g. |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 27 July 2009 : 08:50:18
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Hi,
Are the maintenance payments for the children? If so then they shouldn't be counted towards any IPA as they would be the same as child allowance i.e. counted as income but cannot be used for an IPA.
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gaynordk
Starting Member
7 Posts |
Posted - 27 July 2009 : 09:44:39
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Hi there, yes, the maintenance is for the children. I've always worked except for a year or two around having the children.
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 27 July 2009 : 10:20:09
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| The maintenance shouldn't be counted towards any IPA then so you shouldn't end up with an IPA. |
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gaynordk
Starting Member
7 Posts |
Posted - 30 July 2009 : 16:16:21
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Well its done,didn't go before the DJ, but the wait was awful. OR's assistant was very nice but scared me to death. They might want to take my old (10 year old) wreck of a car, but don't think so as I use it for both the boys hospital appointments and running my disabled Mum to her apps and everything else (I'm her carer). If they do they said my family could make an offer of interest for it and I could then keep use of it.
I'll receive a pack with app time for OR which for me is the scariest part. its all been so complicated and I really am not sure how I ended up here, but added all together then maybe it makes sense.
I don't feel relieved at all yet, just very tearful and nervous about what happens next. Really hope they don't attach part of my income (benefit and maintenance based) and they approve my expenses.
I did advise my little business venture failed and that I'm now hoping to obtain self employed work as a medical transcription typist and other work from home, but need to register self employed. Really need to do this urgently as receive Working Tax Credit and won't qualify if I don't work, but advised to wait until speak to OR. Now worried about Working Tax Credit but one bridge at a time.
Sorry to sound off, not sure what I wanted except to talk somewhere to someone who understands. Thanks for reading.
Gaye
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gaynordk
Starting Member
7 Posts |
Posted - 30 July 2009 : 16:22:17
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Sorry - the other thing on my mind. I was bankrupt 8 years ago with ex-husband due to his failed business etc. I know the laws have now changed but as I've been here before I read at Court that I could be 5 years in bankruptcy this time if not longer.
Does anyone know how this will be looked at, and what I'm likely to "get"?
Sorry for the terminology but I've lost it.
Thanks G
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xmas baby
Average Member
537 Posts |
Posted - 30 July 2009 : 16:28:29
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Hi,
I know its easy for me to say, but try not to worry, its really not as terrifying as you might think. I was a nervous wreck before I went to court, but once I was there, I quite enjoyed it, in a perverse kind of way. However, after that hurdle, I was then terrified again of the meeting/conversation with the OR, which I think I feared much more than the court appearance. I needn't have bothered though, as my OR interview took place over the phone, lasted for under half an hour and was no way as in depth as I had imagined it would be. In fact I wasn't even sure whether that was the 'actual' interview as it was so short and non-intrusive. It's now 6 months since my bankruptcy and I have been paying an IPA for the past 2 months (only 34 months to go!!), so its not been half as bad as I had imagined it would be and I only wish I had taken the plunge a lot earlier than I did.
I also got to keep my 13 year old car, which I was offered to buy for a token amount of £100. I don't use it for work or anything 'essential' as such, but I was still allowed to keep it. Probably due to the fact that it would have cost them more to take it away and dispose of it, so they were better off with the £100 at the end of the day. I'm sure you will be okay with your car, especially as you need it for the children and your mum.
Good luck.
xmas baby |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 30 July 2009 : 18:19:16
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If you were declared BR under the old legislation then it won't count towards this BR so it will be as if this is your first BR.
The car should be fine as it just sounds like they didn't want to say either way whether you could keep it or not and it is normally discussed at the OR's interview.
The OR's interview was the scariest thing for me but it wasn't that bad. It took about 1 hour and we just went through everything on the SOA. At the end the OR said that I hadn't done anything that she hadn't heard before and wasn't judgemental at all.
Once you have the OR's interview you will feel much more relaxed as you will find out for definite if you can keep the car or not. After the interview it is just a case of starting the IPA payments, if eligible, and waiting for the discharge. |
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gaynordk
Starting Member
7 Posts |
Posted - 30 July 2009 : 18:54:22
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Really... I went bankrupt in 2001, and discharge was 3 years later as it was over 20K (actually wasn't in the end as house was sold off and it was between me and ex-husband). I thought I'd get a much longer sentence this time, even tho OR's office said it was a SMALL amount at 19K.
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 30 July 2009 : 19:39:39
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| No, just 12 months now for a discharge. £19k is quite small for a BR as people with £15k or less can apply for a DRO now rather than declaring BR so your debt isn't much above that amount. |
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I am going to court on Thursday
