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Joozee
Junior Member
199 Posts |
 Posted - 06 May 2008 : 13:14:05
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I'm in court this Thursday morning petitioning for my own bankruptcy. I see the judge and the official reciever all in one session so at least it will be all done at the same time.
I constantly read questions about money and banking on here. I am sure I may be doing it the wrong way but my bank is not a creditor and I have no overdraft with them just pay salary and bills into it so i am leaving it alone until after I meet with the reciever. I'll just have to deal with the consequences. I've read about opening a new account ith someone but then my IP and the forms said they might just close/freeze them anyway so I may as well just wait and see what happens.
My main question though is with regard to payment of my fee. I have the money in my account now to pay it, should I withdraw it and pay cash? If i write a cheque and my account does get frozen then that seems to me to not be a great idea. How do most people pay? |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 06 May 2008 : 13:27:39
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Hi Joozee,
You have to pay in cash on the day as they do not except cheque or credit card payments for Bankruptcy.
So you will need to withdraw the cash.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Joozee
Junior Member
199 Posts |
Posted - 06 May 2008 : 13:56:00
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| Thanks Julian, I presumed as much...fairly obvious when you think about it actually...but with everything else i've to think about thought I had better double check first |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 06 May 2008 : 14:02:17
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Hi Joozee,
No problem and good luck on Thursday.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Skippy
forum expert
United Kingdom
3290 Posts |
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Joozee
Junior Member
199 Posts |
Posted - 06 May 2008 : 16:00:41
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| Thanks Skippy...it seems to have taken an age to get this far, a failed IVA after 2 adjurnments, it's not what I wanted but it's what i've got so let's hope it gets sorted. |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 06 May 2008 : 16:41:01
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Hi Joozee
I too have just gone BR after a failed IVA. I honestly thought an IVA would have been the answer but we struggled for two years before going down the BR route. Good luck
Vicki x |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 06 May 2008 : 23:20:32
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Hi Joozee
If you have the letter confirming your IVA has failed it won't do any harm at all to take that along to the court with you. Some Courts need the certificate of Termination and some don't.
You may also want to take along a copy of the iVA proposal / bank statements / pay slips etc to save yourself some postage when the OR asks for them anyway.
Please let us all know if your local court asks fot the certificate - and which court.
Good luck.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 07 May 2008 : 07:38:00
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Hi - my judge asked for the certificate but happily took a one line letter for from IVA supervisor that confirmed I had defaulted and they were happy for me to go BR.
Vicki x |
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Joozee
Junior Member
199 Posts |
Posted - 07 May 2008 : 14:22:12
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Thanks for the replies guys, My IVA never got approved, I have got the letters explaining that so i will take them with me along with pay slips. All my bank statements were paper free online ones and I can't log onto to my old bank now as they have blocked access as I am overdrawn there.
I'm just going to take as much stuff as I can with me and see what happens.
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Joozee
Junior Member
199 Posts |
Posted - 08 May 2008 : 14:21:05
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Got back from the court a couple of housr ago and i'm now bankrupt. It was pretty straightforward stuff and the people at the court were very helpful. The Judge wasn't the most pleasant person i've come across but thats fair enough, she just made sure I was aware of the potential consequences of what I was doing.
I didn't actually see the OR (they said would) instead they telephoned him, gave him my details and they said he would ring me within 24 hours, i'm not convinced it will be that soon but you never know.
Thanks for everyones advice through my IVA propsal failings and my bankruptcy petition. Much appreciated. I'll feedback how it goes with the OR and what he needs from me if it's anything unusual. |
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Skippy
forum expert
United Kingdom
3290 Posts |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 08 May 2008 : 22:20:01
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Thought I would share this as you sometimes get interesting information from the judge.
On Tuesday a judge ( who shall remain nameless ) told one of our clients that they would be :
1. bankrupt for 3 years
2. be unable to open a bank account
3. and that because they owned a house they would certainly loose this.
Unfortunatley the information really frightened the person and it took us almost an hour to convince them that the info the judge gave was factually incorrect on all three counts.
In my experience it is the Official Receivers that are the insolvency professionals and the Judge simply checks to see if someone fits certain criteria for Br.
joozee - glad it was OK for you
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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Joozee
Junior Member
199 Posts |
Posted - 09 May 2008 : 14:25:11
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It's a good point you make Paul, if it hadn't have been for my IP and the expert advice and discussion on here I would have been seriously upset with the way the judge spoke about me and my case.
I am feeling OK about everything the day after so that bodes well for the future. My real immediate worry is regarding my bank account, I know this is a common theme on here but for me it's timing thats maybe a problem, i'm not sure what to do.
I was told by the court that I would speak to the OR yesterday so I decided to do nothing about my current Yorkshire Bank Account and ask for advice from him as to what to do as I will probably be paying around £450 a month IPA I will need to have an account. I didn't get to speak to him and was told he would ring me within 24 hours (which hasn't happened) so i'm now not sure when I'll get my interview with them.
My dilemma is to with my salary at work that is paid on the 25th of this month, if I need to change my bank details i'll need to do it before the end of next week otherwise they will be requested from the Yorkshire bank. If they freeze my account what does that actually mean? Does the money still go in and I just can't get it? I don't owe them any money so I'm sure they can't just take it?
I have considered opening another account with the co-op but don't want to do that before speaking to the OR as I did not declare that on my SofA so don't want to appear to be lying.
I am unsure as to what to do, should I
1. Do nothing until I've spoken to the OR and if that happens to coincide with the bank freezing my account when I get paid just deal with it then.
2. Speak to the Bank today, explain the situation and see what they say will happen?
3. Try and open a new account with someone else and explain to them I am bankrupt, if successful change my work details as such so that my payments will not go into the Yorkshire bank.
Sorry for the long message, I seem to have got my head around everything else just what to do with this situation.
Thanks
Jon
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SimonAtkins
Junior Member
United Kingdom
177 Posts |
Posted - 09 May 2008 : 17:31:20
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Dear Jon
My view is that you should tell your bank. The official recieiver won't look to freeze your everyday bank account (unless you've got an awful lot of cash in it!) - that's the purpose of the question at section 5.4 of your bankruptcy statement of affairs. If the bank tell you they will freeze your account, then open another one; I've always found the Coop sympathetic to people with debt problems. Whichever bank you approach explain the position and say you want a basic bank account. Better still, visit a branch with your passport and proof of address and get a new account straight away.
Regards
Simon Atkins
Licensed Insolvency Practitioner |
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Topic |
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Going Bankrupt 9th May
