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Debts and Child Support

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Comments

  • Soubrette
    Soubrette Posts: 4,118 Forumite
    bdt1 wrote: »
    If at any point on CS1 the ex had gone bankrupt, managed to get an IVA then bankruptcy annulled, how do CSA deal with this one, just interested as if theres really no money and no equity is it - straight to jail do not pass go - after LO,CCJ, bailiffs etc

    You may have to post on the bankruptcy board for a better answer than the one I'm about to give :o but is this situation possible? To be deemed suitable for bankruptcy a person has to prove they are technically involvent ie their outgoings will not match their incomings. If you have a surplus then the courts will not allow you to go bankrupt because of course you can afford to service your debts.

    To go on an IVA though, you have to prove you have a surplus after your living costs, this surplus is then used to pay an agreed amount to your creditors.

    Could anyone go from a deficit to surplus quickly enough to get an bankruptcy annulled?

    Sou
  • bdt1
    bdt1 Posts: 891 Forumite
    Part of the Furniture Combo Breaker
    Maybe if the bankrupty was lodged for the sum of only £850 from a creditor who was being paid but not at a rate they demanded. That's why the bankruptcy was annulled after an IVA was set up, all red tape and silly, but then just curious as to stance CSA would take on this, obviously clear that money is extremely tight, so avoided losing home for now through bankruptcy, but CSA another story, even though only have half equity and probable negative at that, so - next step driving licence(self-employed so will lose little income I have), or will they just go for commital!! It's just crazy, as said on other threads, I do pay CSA money, but incorrect assessment and associated incorrect arrears being enforced, are driving us to the brink, my wife has said she may leave me several times, just to escape this mess, not because she doesn't love me, she stays, as my children are loved, I adore them, it's so so silly, why inflict another estranged partner on the system?

    Anyway, Tribunal soon, maybe it will all be sorted until the next CSA co** up nearly costs us our home and sanity/marriage
  • Soubrette
    Soubrette Posts: 4,118 Forumite
    Ok, thanks for explaining bdt1 - I have no advice for you but I hope it all works out for you and your wife.

    Sou
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