We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Few Q's about bankruptcy
Comments
-
Main question 1. We do not have joint bank accounts, the mortgage is in DHs name, the car and secured loan are in his name... so if I declare bankruptcy for myself, they cannot touch any of the assetts in his name Correct?:
if only you go bankrupt the OR would look to see if you have a beneficial interest in the property: if you contributed to deposit and or mortgage. but if it is is negative equity it woud not have any value anyway
Main question 2. DH is managing director and I am company secretary of a teeny tiny Limited company and we actaully sold it a few months ago but are still waiting to hand it over. Until then, my name is listed under the company, so would this be a problem (also we just sold it for a very small amount - less than £4,000 - which is going to go towards a few essential bills such as council tax and minor BUT VERY ESSENTIAL house repairs so that we can get more return on our house sale so that we can pay FIL off once and for all (and there are and were no company debts)
you cannot be a director or act in the management of a lts company, but you can be a secretary
Main question 3. I am a legal British resident but not yet citizen. I am actually trying to get the money together to submit my application to become a Brit Citizen (of course we cut up all of our CCs a few months ago so we now need to actually save for things LOL) but there is a part on the applicatoin where it asks: Do you have any criminal convictions in the UK or any other country (incl. traffic offences) or any civil judgements made against you? Bankruptcy would not fall underneath this would it?
not sure about this one, it is a civil proceedings. i think you would have to ask court.
Last question/concern I heard that some people have their passports taken off them when they declare bankruptcy. Okay, as of now I only have an American one, but the whole idea really scares and worries me in case there is a family emergency in America (where most of my family still live) - but in the case of emergency my family abroad would fund my airfare costs etc
No, passports are not taken. you can leave the country. you have to tell the OR if you permanently change address before discharge.0 -
Thanks for all of the helpful advice. Only thing is, is that the loan to FIL is in his name only. It was originally for car finance and the car was joint ownership, but the people at the dealership only put FIL's name on the loan.
It is from before I met my husband, and it is one of those finance loans where it was nearly paid off, but they offered them/him a few top up loans "because of being such a GREAT customer" - of course they just wanted more money and didn't want to lose a customer :rolleyes: Our FIL is not paying anything towards it, and we even tried to get him to fill out a form to negotiate lower payments with GE capital, but he doesn't want to ruin his credit rating :rolleyes:
In this case, the creditor is GE capital (technically) and in their eyes, we are only paying the loan on his dad's behalf. If we don't pay it it would be really hard. DH's brother and sister also have houses in our neighbourhood and my bossy SIL only lives one address down from us. I'm actually too afraid to walk out my front door during the day because all she knows is what FIL tells her and that is that we are not paying the loan (she is very threatening towards us) and in fact we are paying what we can afford each month. About £200 instead of £500....
And then we look out our back window and there is our brother-in-laws house (We bought in this neighbourhood at a time when BIL was looking on moving and long before SIL decided she wanted to be our neighbour) It is a nighmare so as long as we are living here, we need to pay it0 -
Aww Katie, that's awful, you shouldn't be bullied like that. I don’t wish to be mean but they don't sound like a very caring family. You are attempting to pay the loan, you don't have the whole amount (£500 does seem a huge monthly repayment on £15,000) a little bit of understanding wouldn't go a miss. I understand why you want to move.
Can your FIL find out the APR on this loan, I am guessing it's really high because of the repayment amount, and then perhaps do a balance transfer on to a loan on a low APR? If he has a good credit rating this shouldn't be too hard.
I would also suggest you phone the secured loan company and find out the settlement figure on that. Once you have actual figures on all of your debts you know where you stand as far as how much equity you need in order to clear the secured debts.
You can look to see the actual figures that houses in your area have sold for in recent times by looking on this website https://www.nethouseprices.com this will help you see how much you could expect on average for a house sale, it is only a guide but it helps.
Do you know how much you are likely to spend on rent compared to mortgage? Selling isn't only about equity, it is also about monthly savings on mortgage costs (I am moving into a rented house today and selling my house). You may find that you have more money left over every month which would allow you to pay the loan to the FIL more comfortably.
I would really suggest you make sure you spend time working out all of the figures before you jump into any decision. Especially as there are emotions involved here. If needs be hold your head up and tell the SIL to mind her business and to stop being a nosy cow.:A
:A"Everyone is a genius. But if you judge a fish on its ability to climb a tree, it will live its whole life believing that it is stupid" - Albert Einstein0 -
I had a looK at nethouse prices and thanks for that link. One house sold for the exact amount I am hoping for ( I had a dream we got £90,000 for it, which would be £50,000 profit.. but probably only in my dreams really LOL...)
We live in a Crescent so I can see most houses around the circle, so I am just peering out my windows trying to see which house it was which sold for such a nice amount LOL
Yes, I cannot wait to move, so if we do decide to use the house to pay off our debt, there will be so many other benefits to moving
We are considering emigrating once all of our debt is cleared, so putting an ocean between us and the inlaws would be brilliant (and especially great if we move to be near my family abroad) - just hope we can manage it before DD is a teenager LOL0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.4K Banking & Borrowing
- 253.3K Reduce Debt & Boost Income
- 453.8K Spending & Discounts
- 244.4K Work, Benefits & Business
- 599.7K Mortgages, Homes & Bills
- 177.1K Life & Family
- 258K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards