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cocoalush
Starting Member
7 Posts |
 Posted - 28 December 2009 : 11:14:12
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I gave my ex money money during the time I was in a debt management plan. I gave it as a kind gift not a loan. Yes I know I'll probably get a BRO, I regret it all
I broke up with my ex on very bad terms, would the Official Receiver ask for the money back? Even if I tell him/her that it wasn't a loan?
I just don't ever wish to see my ex ever again and for him to have the last laugh. I didn't put him down as a debtor on my bankruptcy form. I know the OR would probably scream at me for it, but it really wasn't a loan a gave him. 
I don't know where he lives now, we only met at uni. Could they track him down?
In total my debt is £12,000. I was on a DMP paying £265 a month but couldn't meet the payments. My student loan is my only income, about £8000. Planning to go bankrupt next week, cccs adviced that this is my only option. Can't go on DRO because I have £80 left over after expenditure. |
Edited by - cocoalush on 28 December 2009 11:15:55 |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 28 December 2009 : 11:22:36
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I think I've already answered this on one of the other threads - the OR may ask your ex for the money back as you gave this to him at a time when you were insolvent and the money should have been used for the benefit of your creditors.
I don't think that you would need to list your ex on the forms, but when you have the interview with the OR they may ask where the money went and you will need to explain to them then.
If they want to reclaim the money I presume you would have to give them the last address you had for him, and they would try and trace him.
Before going BR I would take further advice - as I mentioned before you may be eligible for a DRO, depending on whether your I & E is accurate. I would recommend speaking to one of the experts who post on this forum, or having a look on www.iva.com and contacting an Insolvency Practitioner who will be able to talk through all your options with you.
I know you've spoken to the CCCS but there's no harm in taking a second or third opinion before you take such a big step.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
29 IPA payments made, 7 to go - in single figures! |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 28 December 2009 : 21:24:48
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I endorse what Skippy has said.
Get some professional advice before making a decision.
The glimmer gets brighter all the time
Jan
xx |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 28 December 2009 : 22:31:50
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Hi cocoalush
Most of the points that may have made have already been said.
My simple advice is to seek some professional advice before you get into a pickle.
If BR is right, then simply be straight and open with the ORs office and things will get better day by day.
Post again if you need some specific advice/comments.
Richard
"There are no problems - only solutions..." |
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John
New Member
United Kingdom
73 Posts |
Posted - 29 December 2009 : 14:56:38
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Hi cocoalush
I have just emailed you directly as promised.
Please note that student loan income is not claimable under an income payment agreement or income payment order.
As this is your sole source of income you have a monthly disposable income which is a large minus and not the +£80 the CCCS advised you of.
Therefore a DRO should be readily granted on application.
The ex boyfriend issue is of course another matter but the OR would not wish to direct too much funding in trying to establish his whereabouts for what is a potentially small, or possibly zero, return.
Very best of luck
John White
Independent Debt Consultant
Specialising in Bankruptcy |
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