bankruptsy help please

samps1973

hi all
just a few questions about BR.
1 can i use my brothers bank account before i go BR?boss said it was ok but would the OR?
2 I filled in the debt remedy on cccs website,it works out that my disposable income is minus 185 pounds,do you have to have some kind of disposable income so that the creditors can have a bit back in order to go bankrupt?
3 Due to a loss in my family i went off the rails a bit in 2006,i gambled about 3000 pounds on the internet over about 4 months but havnt gambled since,worried about going BR because of this. my debt is 20,000 spent over about 5 years.will this effect the courts decision,and should i be upfront about it from the start with the OR and application?
hope you can help!
cheers guys
no assets appart from 1,500 pound car.

tigerfeet2006

samps1973 wrote: »

hi all
just a few questions about BR.
1 can i use my brothers bank account before i go BR?boss said it was ok but would the OR? Yes that is fine. If you want your own account then Co-op Cashminder or Barclays Cash account are available.
2 I filled in the debt remedy on cccs website,it works out that my disposable income is minus 185 pounds,do you have to have some kind of disposable income so that the creditors can have a bit back in order to go bankrupt? The Judge will want to see you have some way of supporting yourself after BR and won't get in the same situation again. If you pop up you SOA we can check it for you. http://www.makesenseofcards.co.uk/soacalc.html
3 Due to a loss in my family i went off the rails a bit in 2006,i gambled about 3000 pounds on the internet over about 4 months but havnt gambled since,worried about going BR because of this. my debt is 20,000 spent over about 5 years.will this effect the courts decision,and should i be upfront about it from the start with the OR and application? The OR usually looks back over 12-24 months of statements so probably won't see this. You may get a BRU for the gambling but as it is not a major part of your debt and it was a few years ago you probably won't have a problem.
hope you can help!
cheers guys
no assets appart from 1,500 pound car.

Is the car needed to get to work?

samps1973

Thanks for reply,

At the moment i give my girlfriend 50 a week towards keep but we want to go legit with council the reason we didn't go legit in the first place was because of my debt we will be going legit on the 1st march 2009.i applied for an Iva 6 months ago which failed i got 69% vote in favor and needed 75%.well peed off!.in a way i'm glad because my circumstances are changing a lot and i would have defaulted on the Iva.

Anyway,i do use my car for work and here's my income and expenditure from 1st march.

RENT 421 POUND
WATER 87 INC ARREARS
C/TAX 125
ELEC 130
TEL,MOB,INTERNET 68
TV LIC 12
SATELLITE 21
VEH SPARES/SRVS 10
ROAD TAX 17
CAR INSURANCE 38 10 POINTS ON LICENCE
BREAKDOWN 9
FUEL/PARKING 130 WORK AND TO VISIT FAMILY
FOOD/TOILETRIES/
CLEANING 448
PETS/PET INSURANCE 21
TOBACCO 93
SCHOOL TRIPS/
ACTIVITIES 15
MEDICINES/
PRESCRIPTIONS 7
DENTIST 10
HAIRDRESSING 27
CLOTHING/FOOTWEAR 63
SPORTS,HOBBIES
ENTERTAINMENT 30
KIDS POCKET MONEY 30
SUNDRIES/
EMERGENCIES 30

PAY 1270
CHILD BENEFIT 130
CHILD TAX CREDIT 260 LOOKED ON GOVERNMENT WEBSITE TO GET THIS FIGURE.
PAID OUT : 1842 AND 1660 HOUSEHOLD INCOME=MINUS 182 LEFT
APART FROM THE BASIC BILLS AND CAR,MOST OF THE FIGURES ARE WHAT CCCS RECOMMENDED FOR 2 ADULTS AND 3 CHILDREN UNDER 20 AGES ARE 5/15/17 OLDEST IS LOOKING FOR A JOB AT THE MOMENT.
ME AND MY PARTNER AGREED THAT THE FIGURES THEY GAVE SEEM QUITE FAIR BUT WILL THESE FIGURES BE FAIR IN COURT IF I GO BANKRUPT?
THINK IVE COVERED EVERYTHING.
THANK YOU FOR YOUR HELP!!!

JCS1

samps1973 wrote: »

Thanks for reply,

At the moment i give my girlfriend 50 a week towards keep but we want to go legit with council the reason we didn't go legit in the first place was because of my debt we will be going legit on the 1st march 2009.i applied for an Iva 6 months ago which failed i got 69% vote in favor and needed 75%.well peed off!.in a way i'm glad because my circumstances are changing a lot and i would have defaulted on the Iva.

Anyway,i do use my car for work and here's my income and expenditure from 1st march.

RENT 421 POUND
WATER 87 INC ARREARS Is this in joint names? If solely yours, arrears will be included in BR
C/TAX 125
ELEC 130
TEL,MOB,INTERNET 68
TV LIC 12
SATELLITE 21 Will have to come out of your surplus
VEH SPARES/SRVS 10
ROAD TAX 17
CAR INSURANCE 38 10 POINTS ON LICENCE
BREAKDOWN 9
FUEL/PARKING 130 WORK AND TO VISIT FAMILY
FOOD/TOILETRIES/
CLEANING 448 For 2 adults and 3 children
PETS/PET INSURANCE 21
TOBACCO 93 Not allowed
SCHOOL TRIPS/
ACTIVITIES 15
MEDICINES/
PRESCRIPTIONS 7
DENTIST 10
HAIRDRESSING 27
CLOTHING/FOOTWEAR 63 Can probably increase this
SPORTS,HOBBIES
ENTERTAINMENT 30 Change to after school activities
KIDS POCKET MONEY 30 Amazingly, not allowed.
SUNDRIES/
EMERGENCIES 30 Not allowed, but call it holiday instead.

PAY 1270
CHILD BENEFIT 130
CHILD TAX CREDIT 260 LOOKED ON GOVERNMENT WEBSITE TO GET THIS FIGURE.
PAID OUT : 1842 AND 1660 HOUSEHOLD INCOME=MINUS 182 LEFT
APART FROM THE BASIC BILLS AND CAR,MOST OF THE FIGURES ARE WHAT CCCS RECOMMENDED FOR 2 ADULTS AND 3 CHILDREN UNDER 20 AGES ARE 5/15/17 OLDEST IS LOOKING FOR A JOB AT THE MOMENT.
ME AND MY PARTNER AGREED THAT THE FIGURES THEY GAVE SEEM QUITE FAIR BUT WILL THESE FIGURES BE FAIR IN COURT IF I GO BANKRUPT?
THINK IVE COVERED EVERYTHING.
THANK YOU FOR YOUR HELP!!!

any contents insurance? Professional fees? Dry cleaning? Am sure someone else will come along soon and double check.

samps1973

I Received An E-mail From Cccs,they Said That Because I Said That Because I Put The Debt As Mine And My Partners And 3 Children The System Wouldn't Give Me A Remedy,so I Put The Debt As Me,it Says Apart From You And Your Partner How Many Adults Live With You,i Put 0,it Only Takes Into Account Me And 3 Children And Not My Partner.
Anyway I Refiled The Debt Remedy Form,and With The Advice You Gave Me(thank You)i Now Have A Disposable Income Of About +150,will This Be Acceptable In Court?
Also Do You Know Why They Don't Take My Partner Into Account When It Comes To Household Expenditure?
Many Thanks!

tigerfeet2006

To be honest I don't know . SOmeone will know I am sure.

samps1973

apparently cccs and payplan are funded by financial institutions 2 of which are my creditors,they tend to push you in the direction of a dmp,which in my case wouldn't. help.If i could afford to pay my debt i would.
with regards to my question would the disposable income that i have available be acceptable to the court?.
sorry if this message seems moody,but who can you trust.and ive had a few fosters!
thankyou!!!

samps1973

sorry tigerfeet 2006 when i received your reply the first time your message didn't show,it just said to contact the cccs etc.when i went back i read your message.sorry!!!.

tigerfeet2006

samps1973 wrote: »

apparently cccs and payplan are funded by financial institutions 2 of which are my creditors,they tend to push you in the direction of a dmp,which in my case wouldn't. help.If i could afford to pay my debt i would.
with regards to my question would the disposable income that i have available be acceptable to the court?.
sorry if this message seems moody,but who can you trust.and ive had a few fosters!
thankyou!!!

Although they are funded by creditors, they have nothing what so ever to do with the running of CCCS and the advice that CCCS give. If CCCS feel that BR is an option they will say so, as they have to plenty of people on this board.

Pop up your SoA again and let us double check it for you. use this template.
http://www.makesenseofcards.com/soacalc.html and format it to MSE, then copy and paste it here. Tell us how much Child Benefiit you recieve.

fiveyearplan

samps1973 wrote: »

Thanks for reply,

At the moment i give my girlfriend 50 a week towards keep but we want to go legit with council the reason we didn't go legit in the first place was because of my debt we will be going legit on the 1st march 2009.i applied for an Iva 6 months ago which failed i got 69% vote in favor and needed 75%.well peed off!.in a way i'm glad because my circumstances are changing a lot and i would have defaulted on the Iva.

Anyway,i do use my car for work and here's my income and expenditure from 1st march.

RENT 421 POUND
WATER 87 INC ARREARS
C/TAX 125
ELEC 130
TEL,MOB,INTERNET 68 - just list this as phone and make it £60
TV LIC 12
SATELLITE 21
VEH SPARES/SRVS 10
ROAD TAX 17
CAR INSURANCE 38 10 POINTS ON LICENCE
BREAKDOWN 9
FUEL/PARKING 130 no need to mention thisWORK AND TO VISIT FAMILY
FOOD/TOILETRIES/
CLEANING 448 this is nearer £600
PETS/PET INSURANCE 21
TOBACCO 93 not allowed
SCHOOL TRIPS/
ACTIVITIES 15
MEDICINES/
PRESCRIPTIONS 7
DENTIST 10
HAIRDRESSING 27
CLOTHING/FOOTWEAR 63
SPORTS,HOBBIES
ENTERTAINMENT 30
KIDS POCKET MONEY 30
SUNDRIES/
EMERGENCIES 30

PAY 1270
CHILD BENEFIT 130
CHILD TAX CREDIT 260 LOOKED ON GOVERNMENT WEBSITE TO GET THIS FIGURE.
PAID OUT : 1842 AND 1660 HOUSEHOLD INCOME=MINUS 182 LEFT
APART FROM THE BASIC BILLS AND CAR,MOST OF THE FIGURES ARE WHAT CCCS RECOMMENDED FOR 2 ADULTS AND 3 CHILDREN UNDER 20 AGES ARE 5/15/17 OLDEST IS LOOKING FOR A JOB AT THE MOMENT.
ME AND MY PARTNER AGREED THAT THE FIGURES THEY GAVE SEEM QUITE FAIR BUT WILL THESE FIGURES BE FAIR IN COURT IF I GO BANKRUPT? Yes, these figures should be accepted. You should be left with enough for reasonable living.
THINK IVE COVERED EVERYTHING.
THANK YOU FOR YOUR HELP!!!

I've made a few comments above.

samps1973

THANK YOU FOR YOUR REPLY.AS I MENTIONED ABOVE I GAMBLED ABOUT 3000 IN 2006.ON THE BANKRUPTCY FORM THAT I HAVE TO FILL IN FOR THE COURT,IT ASKS IF I HAVE GAMBLED IN THE LAST 2 YEARS.IM NOT SURE IF I GAMBLED JUST UNDER 2 YEARS OR JUST OVER,I HAVEN'T GOT BANK STATEMENTS GOING BACK THAT FAR.IF I COME CLEAN,I UNDERSTAND THAT I MAY GET A BRU AND PROBABLY HAVE TO FACE THE JUDGE TO EXPLAIN.HOW WOULD THIS LOOK IN COURT?AND HOW WOULD THE BRU AFFECT ME AS APPOSED TO A NORMAL BR.
MANY THANKS.