Bankruptcy in Scotland

winnie_y

I am in Scotland. If I apply for bankruptcy can the benifits I get for my child be taken or can my husband be chased by creditors or have his wage arrested(his name is not on any of my debts). Do bailifs come and remove goods from your house to get money back for their debts

scottishsodapop

Hi dont worry bailifs dont come to your door aib will interview you over phone most likely
Husbands wages wont be arrested
not totally sure about your benifits but i doubt it ( im not long bankrupt )
but it will give you a good nights sleep with out any worry as once bankrupt no one can harrass you
all the best

winnie_y

Thanks for your help. I was not sure what would happen. the benifits are my childs but paid in my name as she is under 16. will be nice to be able to answer the phone again.

scottishsodapop

yup your right i used to dread phone now its like a new toy and if any one is looking for money i just give them aib number and say dont bother me again thanx

coolcait

winnie_y wrote: »

I am in Scotland. If I apply for bankruptcy can the benifits I get for my child be taken or can my husband be chased by creditors or have his wage arrested(his name is not on any of my debts). Do bailifs come and remove goods from your house to get money back for their debts

Hiya winnie

sodapop is is absolutely right in what he (? - sorry if I'm wrong, soda! ) says about bailiffs not coming to your door, and not having to worry about your husband's wages being arrested.

As for the benefits, then your trustee won't be able to ask for any kind of contribution from benefits. So, if the only income you have comes from benefits, then none of that can be touched.

It gets more complicated if you are earning a wage plus getting some benefits. It's possible that your trustee might decide that the benefits plus some of your wages would cover all of your essential living costs - leaving some of your wages to go towards a contribution.

If you think that this describes your situation, then you can put up an SoA (I'm not sure where to find the link, but I'm positive that someone else will be able to help on this!). I can give you a best guess as to how your trustee would look at it.

Unfortunately, unlike the system in England and Wales, there doesn't seem to be anything written down about how much you're allowed to have as surplus income in a Scottish bankruptcy. So it would only be a 'best guess'.

tigerfeet2006

Here we go

http://www.makesenseofcards.com/soacalc.html

Format to MSE at the end and copy and paste into a thread here.