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  • FIRST POST
    • gman1980
    • By gman1980 5th Dec 17, 8:13 AM
    • 10Posts
    • 2Thanks
    gman1980
    BRO/BRU- When will you hear?
    • #1
    • 5th Dec 17, 8:13 AM
    BRO/BRU- When will you hear? 5th Dec 17 at 8:13 AM
    My wife is an undischarged bankrupt, due to end on Jan 15th 2018, which is about 6 weeks from now. The BRO/ BRU documents says the OR can write to you unless its 6 weeks or so left, which is kind of confusing.
    Should we have heard from OR by this time in case of BRO/ offering a BRU?
    Thanks
Page 1
  • National Debtline
    • #2
    • 5th Dec 17, 2:05 PM
    • #2
    • 5th Dec 17, 2:05 PM
    Hi gman1980


    It's difficult to answer this definitively as some pre-bankruptcy offences can take longer to identify than others. I appreciate that not knowing at this stage can be a little unsettling.


    Did your wife have any specific grounds for believing that she could be made the subject of a BRO/U? Or was this more of a general concern?


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • gman1980
    • By gman1980 5th Dec 17, 2:22 PM
    • 10 Posts
    • 2 Thanks
    gman1980
    • #3
    • 5th Dec 17, 2:22 PM
    • #3
    • 5th Dec 17, 2:22 PM
    Hi gman1980


    It's difficult to answer this definitively as some pre-bankruptcy offences can take longer to identify than others. I appreciate that not knowing at this stage can be a little unsettling.


    Did your wife have any specific grounds for believing that she could be made the subject of a BRO/U? Or was this more of a general concern?


    Dennis
    @natdebtline
    Originally posted by National Debtline
    Its more of general concern really. please can you elaborate what you mean pre-bankruptcy offenses? I understand you infer 6 years upto bankruptcy application. one of the major lender in BR applciation was with Barclays. She got an unsecured loan of 35k which was repaid for 6 months before filling the BR ( loan was less than a year). Even though OR hasnt told anything about BRU/BRO during her interview ( which was on 25th Jan this year), she is a bit anxious. Is it possible that OR may enforce a BRO after the BR completion date?
  • National Debtline
    • #4
    • 6th Dec 17, 6:28 PM
    • #4
    • 6th Dec 17, 6:28 PM
    Hi again, sorry for not being able to reply sooner.


    It's best to refer to the general guidance publicly available on BROs:


    https://www.gov.uk/government/publications/bankruptcy-restrictions-orders-and-undertakings/bankruptcy-restrictions-orders-and-undertakings


    As it gives some broad examples of behaviours that might be sanctioned. It's not exhaustive, but generally anything that might be seen as reckless, irresponsible or intended to put creditors at a disadvantage could be seen as worthy of a BRO. Simply making poor judgments or financially overstretching isn't in itself a bankruptcy offence. At any rate, unless there is anything particularly complex or knotty about your wife's affairs, the OR is likely to have concluded by now that no action is necessary. I appreciate that ideally she might like an official declaration from the OR to this effect, but that doesn't happen. I think she should probably go by the adage that "no news is good news" for now.


    Hope that is useful.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • LincsPaul
    • By LincsPaul 8th Dec 17, 12:34 PM
    • 79 Posts
    • 27 Thanks
    LincsPaul
    • #5
    • 8th Dec 17, 12:34 PM
    • #5
    • 8th Dec 17, 12:34 PM
    If, when she took out the loan, she genuinely was able to keep up payments then you should be ok. Also as long as she didn't put any fibs on the application form (I am led to believe fibbing about salary is far worse than fibbing about what the loan is for by the way because you get into no intention to repay territory).

    I refinanced an existing loan 4 months before BR, to smaller monthly payments AND less overall interest, so I suppose it didn't look dodgy, but I was worried. I've heard nothing.
    Last edited by LincsPaul; 08-12-2017 at 5:38 PM.
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