Advice request from non UK Citizen

morgag2

Short version..
Have lived in UK for 20 years.
Debt came about following marriage breakup and 2 years later had no option but to apply for BR.
BR granted in Feb 09, then out of the blue was made redundant. Have been at Company for 11 years so package is not bad, but not enough to clear debt
Trustee has said they want most of the money.

My question is "what is the worst that can happen if i leave the UK at the moment. Keeping the redundancy money and going home to my own country"

Before anyone says what a b******d I am for contemplating this, I have been here in the UK for 20 years. never been on the dole nor claimed any benefits EVER...and this would also mean I would not see my kids again for quite a while..so this is not being taken lightly and has resulted in much soul searching.. If I do stay here, then because I am going to be out of work in 3 months, then I will have to sell my flat as I will not be able to pay the mortgage. it is in negative equity anyway, hence I was able to keep it during the BR.
My main reasoning for even contemplating this course of action is in the hope that I can start again anew in my own country and be better able to provide for my kids while they are still living here with their mother. If I stay, then I will be homeless before xmas..

So again... What is the worst that can happen if I decide to do this?

JCS1

Worst case would be OR goes to court and gets a suspension of discharge (SOD) against you so you would be bankrupt forever or until co-operated. BRO for failing to pay over the asset.

If they go for a Public Examination (PE) for you to explain in front of judge what you did with the money and you don't then keep appointment, could be considered as contempt of court and warrant issued.

But this is absolute worst case, and guess only really becomes a problem if you came back to the UK

morgag2

Does being in Scotland make a difference?

JCS1

Yes, sorry, my post related to England and Wales, not sure of the consequnces in Scotland.

morgag2

My fault, should have mentioned it in the first place as there seems to be quite a difference between Scotland and the rest of the UK

fiveyearplan

Sorry to hijack the thread but what if you were discharged from bankruptcy and subsequently sold an asset that the OR still had an interest in but you took all the proceeds?

JCS1

fiveyearplan wrote: »

Sorry to hijack the thread but what if you were discharged from bankruptcy and subsequently sold an asset that the OR still had an interest in but you took all the proceeds?

OR would probably get a SOD in place if there was an asset they had an interest in and automatic discharge looming. Then gives them time to persue asset and consider BRO/BRU.

peachyprice

If it wasn't documented.........run for the [strike]Sierra Madre[/strike] hills.

Seriously though, I think they can re-open your case perhaps

fiveyearplan

Can they reopen the case?

peachyprice

JCS1 wrote: »

OR would probably get a SOD in place if there was an asset they had an interest in and automatic discharge looming. Then gives them time to persue asset and consider BRO/BRU.

What if they haven't and it's too late for a BRU/O.

JCS1

fiveyearplan wrote: »

Can they reopen the case?

Suspect it would depend on the amount of the asset.