Criminal BR - help needed

hadenoughnow

Hello there. i am new to posting, but have been reading for some time.

I have been Somewhat stupid and am after some helpful advice not criticism, as i can bet whatever you say to me, i have already thought it!!

here goes

early 1998 i was made BR. after interview i had no further correspondance.


I now find myself in the same boat, i am going to court at the end of the month but am really worried about the previous BR and my debts apprx £60k

the bulk of this debt was taken out between 2002-2004, by this time i had moved in with my now wife and only applied for credit using our new address, i just said i had lived here 3yrs.

Although i was discharged from my first BR, is this classed as a criminal BR and will the OR go delving into application forms etc? I am really not looking forward to the interview!

I would love to hear from anyone else who may have done the same as me or anyone with legal knowledge of possible outcome. I can take any BRO/U as it will be for my own good. thanks everyone

fermi

A careful read through of this will probably help.

Link: Second and Subsequent Bankruptcies (April 2004)

This bit is probably most relevant.

It should be remembered that a person subject to a BRO or BRU is still discharged from bankruptcy, the restrictions imposed on them being as a result of the order or undertaking.

A previous failure is not listed in the grounds for a BRO application but is a matter for consideration when making an application. The official receiver cannot make application for a BRO solely as a result of the bankrupt having a previous failure. Thus, there needs to have been evidence of unfit conduct in respect of the current bankruptcy, before an application is made. If, however, it can be shown that a bankrupt has failed to learn from previous mistakes, the court may take this into account when considering the BRO application and may make the order for a higher period.

In determining whether an application for a BRO is appropriate, the court will consider whether the bankrupt was an undischarged bankrupt at some time during the period of 6 years prior to the current bankruptcy order. Similarly, in determining whether to accept a bankruptcy restrictions undertaking (BRU) the official receiver should have regard to whether the individual was an undischarged bankrupt in the previous 6 years.

Applications for BROs can only be made (or BRUs can only be accepted) in cases where the unfit conduct occurs after 1 April 2004.

hadenoughnow

fermi wrote: »

A careful read through of this will probably help.

Link: Second and Subsequent Bankruptcies (April 2004)

This bit is probably most relevant.

ok thanks Fermi, i can be a little thick at times and sometimes cant see wood for trees, am i to take it then that when the ea2002 was introduced i was classed as a discharged BR? And what do you think the possible outcome of my interview would be, i know its a hard one to answer, but i do value your opinion. thanks again,

Addicted2Chocolate

If you were previously bankrupt in 1998, and dsicharged in 2001, then you have NOT been an undischarged bankrupt in the 6 years prior to this 2nd bankruptcy order. So you would not be more likely to be targetted for a BRO, on the basis of the previous bankruptcy alone. I would expect you will be offered a face to face interview, as opposed to a telephone interview. I cant say more than that or what will happen after interview. I would not worry too much: we see plenty of second time bankrupt's. Last week i got a new case and recognised the name straight away: I dealt with his fist bankruptcy in 2000!!

Addicted2Chocolate

and yours is def not a criminal bankruptcy. A criminal BR is where after being convicted of a criminal offence the judge also declares BR. For example a drugs trafficker or money launderer with lots of assets from crime.

hadenoughnow

Addicted2Chocolate wrote: »

and yours is def not a criminal bankruptcy. A criminal BR is where after being convicted of a criminal offence the judge also declares BR. For example a drugs trafficker or money launderer with lots of assets from crime.

thanks ATC i have sent you a message

PixiePie

I'm not having a go, shouting, saying you've done anything wrong or anything else that anyone might interpret as me being horrid, but I was wondering how you managed to get debt again after your BR? Really asking as I am interested to know whether I will ever be able to fund a house or business in the future, or if you were a little 'naughty' with the truth when applying and that facilitated the money - when the banks were literally throwing it at people....

hadenoughnow

PixiePie wrote: »

I'm not having a go, shouting, saying you've done anything wrong or anything else that anyone might interpret as me being horrid, but I was wondering how you managed to get debt again after your BR? Really asking as I am interested to know whether I will ever be able to fund a house or business in the future, or if you were a little 'naughty' with the truth when applying and that facilitated the money - when the banks were literally throwing it at people....

Thats my whole question PP!!

Addicted2Chocolate

Lots of people go bankrupt more than once. It used to be easy to get credit whatever your history, before the credit crunch. Some companies would lend to anyone without checking. Most credit card and loan application forms do not ask if you have been bankrupt.

Broken_hearted

It may be a investigated a bit more than the first time but sadly as people say 2nd or even 3rd BR are quite common.

r1704

hi there i am in the same boat as you i was made br in 1998 too and i am due to go to court this feb as my iva failed ,only this time around my br has been caused by my marraige split also i am to be made redundant in april too.I am not looking forward to the or interview no job no money to pay for my rented house and the or due to take all my redundancy off me what am i to do, i was like you i had 1 interview with the or back in 1998 and that was it nothing else till my discharge.Reading some of the post it all seems very different now and i was wondering how long you are br the second time around, i heard that after 10yrs of your first br they are no longer any records kept, so what if i didnt say i had been br before ????