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I had a property with my ex as previously mentioned which was sold a couple of weeks ago (after being on the market since Nov 2007!!) leaving a £20k shortfall. This is one of the main reasons I'm declaring myself bankrupt as this added on what I already owe is just too much. I've just got to this part of the form:

Question 3.5 - Property you have disposed of

  • If you have sold, given away or transferred, in the five years prior to presenting your bankruptcy petition, any properties, owned jointly or solely, you must provide the full details of the transaction.
  • The official receiver has a duty to the creditors to report on any and all assets. If you have disposed of any assets (sold, given away, scrapped etc) the official receiver needs to establish that this was not done to the disadvantage of the creditors.
Do I need to put my house sale in here? The house certainly wasn't sold purposely at that price nor was it given away, that's just the first offer we'd received in the 2 years it had been on the market and what the estate agents told us they'd get for it. The house had already gone into negative equity. Will I be penalised for this? Although I'm aware that this shortfall will transfer to my ex when I'm declared bankrupt.
BR as of 10:30am on 27/08/2009
Proud BSC member #285
Countdown to AD 27/08/2010
"When you do nothing, you feel overwhelmed and powerless. But when you get involved, you feel the sense of hope and accomplishment that comes from knowing you are working to make things better."

Comments

  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, you do have to put it in there.

    You won't be penalised because you sold it on the open market at the going rate. If you'd sold it to your mate down the pub for £50k less than it was worth you would be in doo-doo.

    HTH
    Accept your past without regret, handle your present with confidence and face your future without fear
  • YamahaR6
    YamahaR6 Posts: 113 Forumite
    edited 10 August 2009 at 2:55PM
    Also, will the OR need a copy of my partners tenancy agreement even though I'm not listed on it? Or just proof from my partner that I'm living at that address with him? I'd rather they didn't get in touch with his letting agency! I may have asked this before, sorry if I have, my mind is buzzing at the moment :(

    Any ideas why section 7 is so small? It seems to list things like Rent, Council Tax, Telephone etc but doesn't give you a box for things like car insurance, tax, mot, holidays etc Will this be asked at a later date on a different form?
    BR as of 10:30am on 27/08/2009
    Proud BSC member #285
    Countdown to AD 27/08/2010
    "When you do nothing, you feel overwhelmed and powerless. But when you get involved, you feel the sense of hope and accomplishment that comes from knowing you are working to make things better."
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    The OR will not need to contact the landlord as you have no agreement with them.

    You put all expenses in sec7, there is a box at the bottom for other expenditure
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • YamahaR6
    YamahaR6 Posts: 113 Forumite
    Mortgage payments £300
    Housekeeping £200
    Gas and Electric £50
    Water £22
    Phone charges £50 (this is landline and my mobile)
    Travelling to and from work £120
    Clothing £50
    Maintenance payments/fines £0
    Council Tax £60
    Other essential (car tax etc) £40 (included tax, insurance and mot)

    I put the following in the 'other essentials' box:

    £10 - internet needed for work and study purposes
    £6 - TV licence
    £11 - union fees
    £30 - holiday

    Is there anything I've missed that I can include in that box? If someone gives me a definite box to fill in i'm fine, but a general 'put random stuff in here' just doesnt work for me!!
    BR as of 10:30am on 27/08/2009
    Proud BSC member #285
    Countdown to AD 27/08/2010
    "When you do nothing, you feel overwhelmed and powerless. But when you get involved, you feel the sense of hope and accomplishment that comes from knowing you are working to make things better."
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