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 Bankruptcy 2nd time around - advice please
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Jen38
Starting Member

2 Posts

Posted - 27 October 2009 :  15:13:47  Show Profile  Reply with Quote
Hi, I was made bankrupt 10yrs ago when with my ex husband, Im now in a position where my 2nd husband has just declared himself bankrupt and the secured loan we had together for £46,000 will now be transfered into my sole name.

We dont have our own home (this was repossessed in July 2008) we are in private rent, but if I go bankrupt again, is the judge going to come down harder than 1st time to teach me a lesson? I can understand if he does!

Also, I dont work and receive DLA, child tax credit and Child benefit only in my name, but my husband, as I said has just gone bankrupt, so all his earnings will be in the official receivers hands now SO if Picture (creditor of original secured loan of £46,000) come chasing me for repayments can I tell them I have no income or would hubbys wages and benefits be taken into account?

Whats the worst Picture can do to me if I dont go bankrupt?

How long will I remain bankrupt next time around?

Thanks for your time, you have helped my husband absolutely loads through his bankruptcy and I thank you all for that, hence me coming for some advice for myself :-)
Jen
xx

gettingoutofdebt
forum expert



2418 Posts

Posted - 27 October 2009 :  18:16:45  Show Profile  Reply with Quote
hi Jen,

The Judge/OR won't come down hard on you. The BR laws/rules were changed in 2004 (I think) so any BR before that time is not counted so if you do declare BR it will be as if it for the first time.

If this is joint loan then you will now be responsible for it. Regardless of whether you have any income or not Picture will want their money. It is your decision as to whether you tell them about the DLA and other benefits but unless they start to receive their full payments they will harass you with calls and letters.

The worst Picture can do is take you to court to try to retrieve their money via a CCJ. This will take time and cost them money so they will not do this until they are absolutely sure this is the only way to get their money.

You will be BR for 12 months unless you receive an Early Discharge, which is at the discretion of the OR.
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