Change of legislation ?

auldblerk

5 months ago, I contacted CCCS for financial advice which they gave and I was planning on going BR. I enquired does your name appear in the local paper which I was assured did not happen anymore which put my mind at ease. True enough, the last few months go by and not an entry in site. A thread appeared here about it and now it seems to be the case that you do get posted on the local rag so off I pop to the newsagent and there's one in it (first one for months ?!) Has there been a change back in legislation over this and if so, can you ask (or in my case, beg) the OR not to put it in the local rag ?

dojoman

As far as I am aware it is at the discretion of the OR, if they think that it is in the interests of the public your name will go in, otherwise you should be fine and it would not go in. Whether asking the OR not to put it in would make any difference I honestly do not know.

debtinfo

Hi, it used to be a requirement to advertise in the local paper. In April 2009 the Insolvency Rules were updated and it was changed from being a requirement to being at the Official Receivers Discretion. The Guidance isued by the Insolvency Service has stated that it will the usual for it not to be advertised but may be in exceptional circumstances at the discretion of the OR. Only a tiny fraction of cases are now advertised, an example may be something like a local tradesman that had been taking deposits whilst insolvent with no intention of completing the work, in a case like that it is in the public interest for it to be advertised so that members of the public that have been harmed can come forward with information, another example may be where the bankrupt is uncooperative and will not provide a full list of creditors. For most "Normal" bankruptcies it will not be advertised

debtinfo

I should add that the only way to stop it being advertised is to apply to the court for a Stay af Advertisment which is only likely to be granted if there is a real danger to the bankrupt

sizzler

Dont get me wrong, it does shame you, but such a small price for me personally to get out of the sityation I was in:)

auldblerk

Trust me, my life won't be worth living if I appear in the local paper

So_Sad_Angel

I have noticed that it seems to be only commercial bankruptcies that are in the local rag here.

I know what you mean auldblerk...if I was in the paper I would have to seriously consider moving away.

auldblerk

That's bizarre, I've just thanked you on your good rant on the other thread and find you here lol. I think you should be the next Prime Minister.
If I go thru with it, I will have to move away.

So_Sad_Angel

auldblerk wrote: »

That's bizarre, I've just thanked you on your good rant on the other thread and find you here lol. I think you should be the next Prime Minister.
If I go thru with it, I will have to move away.

Its a tough situation....I have to bite the bullet now sadly & take what sh*t this process chucks my way:(...can someone who is BR be the PM ? LOL:rotfl:

Can you see whats in your local paper? maybe they don`t list them anyway.

auldblerk

There is one in the local rag and there hasn't been any for months hence the reason I asked the question; what I don't understand is the order was made in 2008, has it took 2 years ?!

debtinfo

Presumably because the person is not co-operating and is still bankrupt as they have not surrendered to proceedings, the OR finds more info on them amends the bankruptcy proceedings title and re-advertises