Bankruptcy Hearing Queries

mike_L

Called the court today to confirm my Bankruptcy hearing for this Monday the 2nd. Couple of queries.

1. I can’t get a letter to confirm that I’m unemployed and receiving IBJSA so I can have the court fee waived, and which I was told that I’d need, because the ******s are still processing my claim after 4 weeks.

Anyway I plan to turn up with whatever documents I have to try and confirm my position. Am I wasting my time? Does anyone have any definitive answer as to if I ‘definitely’ need a letter from the jobcentre people?

2. Speaking to a nice lady at the court I was given a brief explanation of the procedure when I attend and was told it was basically a ‘paper process’ and after having my papers checked was told that they would be passed on through the system.

I was under the impression that I’d be in front of a Judge! I know I’m not on trial, but thought that the process would be formalized by a Judge. Apparently only if there are anomalies in my papers would I see a Judge.

Can anyone give me a brief rundown on the process when attending my hearing.

3. I’ll have my petition with me obviously and a few other documents that I ‘think’ are needed to confirm information given. However the online petition doesn’t really go into detail about what documents are needed.

Do I need to be over the top and provide loads of documents to confirm information to save both them and me time and bother? Any documents that I will definitely be required to hand over that I might not have thought about?

peachyprice

If you don't have the correct paperwork for fee remission on the day you will be able to claim the £150 back retrospectively. Not a lot of help if you only have the £345 I know.


Not everyone sees the judge, it depends how busy they are and whether the judge feels he needs to see you. When you get to the court the clerk will check your forms, make you take an oath and take your money. He/she will then take your file to the judge who will decide whether he wants to see you, while you sit in the waiting room, if the judge wants to see you you'll be called in, but it will be more like an office than a court room. If the judge doesn't want to see you the clerk will return with your stamped forms, and that's it.

You don't need any paperwork to the court, just your forms and money.

HTH

mike_L

Cheers.

That makes sense, bit like I thought it would be.

Still don't know though if my basic 'signing on' documents wil be be proof enough to waive the court fee on the day. If not then I'll definately have to walk away on the day until I can raise the full fee or get the letter needed.

I suppose the stage at which I'll need to provide all required documents will be when I'm called to see the OR, correct?

mike_L

Another point, when I first arranged my hearing date and mentioned to the clerk if it was correct I'd need '3' copies of the petition when attending court he replied nonchalantly "nah wouldn't bother '1' will do".

I thought it was 3 copies needed, yes or no? I'm getting the impression that the whole process is a little more lax than I expected

tigerfeet2006

mike_L wrote: »

Cheers.

That makes sense, bit like I thought it would be.

Still don't know though if my basic 'signing on' documents wil be be proof enough to waive the court fee on the day. If not then I'll definately have to walk away on the day until I can raise the full fee or get the letter needed. No they won't be enough. You will need definate confirmation that you are in reciept of JSA, sorry. As Peachy says if you do pay the full amount and then get the right paperwork you can claim it back later.

I suppose the stage at which I'll need to provide all required documents will be when I'm called to see the OR, correct?

You don't always have a face to face with the OR. Most people have a telephone interview. The OR will send you a list of things he wants you to send him. If there is anything you don't have just let him know and he can get it from the creditor.

tigerfeet2006

mike_L wrote: »

Another point, when I first arranged my hearing date and mentioned to the clerk if it was correct I'd need '3' copies of the petition when attending court he replied nonchalantly "nah wouldn't bother '1' will do".

I thought it was 3 copies needed, yes or no? I'm getting the impression that the whole process is a little more lax than I expected

The majority of courts want 3 copies (I for them, one for the OR and one to stamp and return to you.) Some courts are nice and ask for 1 copy and then will photocopy the rest for you, but they are few and far between.

mike_L

No they won't be enough. You will need definate confirmation that you are in reciept of JSA, sorry. As Peachy says if you do pay the full amount and then get the right paperwork you can claim it back later.


Yes, I've just been reading the court fees booklet and it's quite specific about the letter confirming JSA, plus you have to provide 3 months bank statement confirming all income also.

However, I now realise I may be able to claim 'full remission' based on gross annual income if below £12,000 which it might be, just gotta check my invoices (I'm self employed)

Anyway, thanks again for all this info' people, it's much appeciated, I learn a bit more each time making the whole sory saga a bit easier.

fairihell

Do you need to take the 3 months of statements with you? not sure we have these - i haven't come across that yet? Where did you read it?

paulc19

When i called they told me i'd need proof of entitlement, 3 months of bank statements and 3 wage slips (I don't know if this is applicable in your case). Re: seeing the judge i expected this too, but the lady said as long as you have taken advice the judge is usually satisfied and there is no need to be seen. I'm going on monday too, i wish you all the best. Have you asked if the job centre can pen you a letter saying your claim is being processed?

fairihell

any idea what happens if you dont have your statements/payslips?

mike_L

paulc19 wrote: »

When i called they told me i'd need proof of entitlement, 3 months of bank statements and 3 wage slips (I don't know if this is applicable in your case). Re: seeing the judge i expected this too, but the lady said as long as you have taken advice the judge is usually satisfied and there is no need to be seen. I'm going on monday too, i wish you all the best. Have you asked if the job centre can pen you a letter saying your claim is being processed?

All this is in the booklet EX160A available from the court. It states 'clearly' depending on what you're claiming that you must have 3 months bank statements, letter confirming your JSA status, and says if you don't have these your claim will be rejected.