Have I Got This Right?

JulieBarlow

OK, I have read everything imaginable about bankruptcy and think I've got my head around it and now I just need to do it.

I have filled out the form online and submitted it, and I printed 3 copies as I read you have to take 3 copies (is that right?). I have gathered together £600 which I plan to pay by cheque at the court, the cheque will come from an account listed in the bankruptcy so the account will be frozen, is this OK?

Do I now just go to the court on a date that suits me, go to the public desk and tell them I want to declare myself bankrupt? I have a real fear of unknown situations and want to have it straight in my head exactly what I do when I go to the court as I have never been to a court before, it is Southampton combined court if that makes a difference?

It is just myself going bankrupt as all the debts are in my name alone, I have a joint mortgage with my husband and he intends to buy out my interest in the house so we don't lose the house (using money from his family, etc. as he has no savings), do I tell the OR that when I have my interview or do I say something at the court? do I have to tell the mortgage company what is happening (we are not in arrears or anything)?

How long roughly does it take at the court as I want to find the time to do it when my children aren't around as we are trying to shield them from it all?

Sorry for all the questions but I want to make sure I've done everything I need and know exactly what I am doing. Thanks.

JulieBarlow

oh and also, do they declare you bankrupt there and then after giving in the paperwork, or do you have to wait for a later date?

dojoman

Please contact one of the charities below, they will offer free and impartial advice.

https://www.nationaldebtline.co.uk/
https://www.citizensadvice.org.uk/
https://www.cccs.co.uk/



Below is a link you may found helpful about going BR?

https://forums.moneysavingexpert.com/discussion/1056083

Also this link to the Insolvency Service is useful!

http://www.insolvency.gov.uk/

dojoman

JulieBarlow wrote: »

OK, I have read everything imaginable about bankruptcy and think I've got my head around it and now I just need to do it.

I have filled out the form online and submitted it, and I printed 3 copies as I read you have to take 3 copies (is that right?). I have gathered together £600 which I plan to pay by cheque at the court, the cheque will come from an account listed in the bankruptcy so the account will be frozen, is this OK? You cannot pay by cheque, cash only.

Do I now just go to the court on a date that suits me, go to the public desk and tell them I want to declare myself bankrupt? I have a real fear of unknown situations and want to have it straight in my head exactly what I do when I go to the court as I have never been to a court before, it is Southampton combined court if that makes a difference? You will have to ring the court to see what type of appointment system they use, some are a drop in on the day whilst others are by appointment.

It is just myself going bankrupt as all the debts are in my name alone, I have a joint mortgage with my husband and he intends to buy out my interest in the house so we don't lose the house (using money from his family, etc. as he has no savings), do I tell the OR that when I have my interview or do I say something at the court? do I have to tell the mortgage company what is happening (we are not in arrears or anything)? That will be discussed with the OR.

How long roughly does it take at the court as I want to find the time to do it when my children aren't around as we are trying to shield them from it all? Impossible to say, it varies from court to court and day to day.

Sorry for all the questions but I want to make sure I've done everything I need and know exactly what I am doing. Thanks.

Hope this helps.

Falze

As Dojo said, all the reading in the world wont help if you haven't contacted the debt charities. You will not (as i understand it) be decleared BR if you have not seek proffessional advise.

Physically speaking to someone really helps.

The guys and gals on here will answer all your questions to the best of there knowlege and provide all the support and kind words you could need, but make sure you do things right and you have been advised that BR is you only/best option.

Keep posting Julie

curly04

Hi Julie

its a hard time for you, I know.
Have you spoken to one of the charites listed, if not your BR won't be granted by the judge.

most courts are appointment based but there is a few that do a drop in, but there could be a wait. Can you find someone to look after the kids for a few hours?

have you managed to open up a BR friendly bank account yet either with the co-op which is a Cash Minder or with Barclays Basic Account?

Thanks

Curls

dojoman

curly04 wrote: »

Hi Julie

its a hard time for you, I know.
Have you spoken to one of the charites listed, if not your BR won't be granted by the judge.

most courts are appointment based but there is a few that do a drop in, but there could be a wait. Can you find someone to look after the kids for a few hours?

have you managed to open up a BR friendly bank account yet either with the co-op which is a Cash Minder or with Barclays Basic Account?

Thanks

Curls

That`s not quite right, I never spoke to any of the charities but did get advice from an IP, the judge was quite happy with this as long as I had received advice and was awre of the implications of going BR.

curly04

Thanks Dojoman

Sorry didn't know that.
I can only tell you what I was told prior to BR

debtinfo

Yes the rule is that you must have taken advice, that can be the debt charities, an IP, an accountant or a solicitor, basically the judge just wants to be sure that you can never come back and try and overturn the order on the basis that you were not aware of all the consequences

thaimoonmonkey

Well i printed off three copies and it was a waste of time. I'm not sure why they advise that on the insolvency site as the one copy i handed in was the copy i got back. It's a bit of a blur the morning i went to the courts but as far as i remember it was a nice day and nowhere near as stressfull as i thought it was going to be.
I went in, through security and went to the kiosk where also i think CCJ's and Fines were to be paid. I went first thing in the morning with no appointment and was first served. I paid my fees, swore on a Bible that had seen better days and sat down for 30 mins while some process was going on behind the scenes. They then said to come back in an hour and i was free to go out of the courts if i wanted but had a coffee in the canteen and then watched all the barristers etc milling around with clients going into different courts, it's interesting. I the went back to the kiosk place and a lady then came out and escorted me upstairs while i waited for about 10 mins before i went into a side court(it was small) a lady judge was there and just asked me one question why did i go Bankrupt? I explained my case and that was that, she was really sympathetic. I can't remember if she gave me my bankruptcy file with my debtors petition stamped there and then or if the lady who escorted me gave it me anyway that was it. All the staff at the courts were great and nobody even notices you're there. There's to much going on in bigger cases and worse things in the world. Hope that puts your mind at rest. I hated being bankrupt, all the phone calls from creditors etc nut once it's done you can have a fresh start. It's not that bad and courts are interesting places. If you have time you can even go into one of the public galleries in one of the courts and catch a case.

tigerfeet2006

Thaimoonmonkey, the majority of courts ask for 3 copies (1 for them, one for the OR and one for you). Some will ask for 2 and very few will ask for one.

It is very unusual to have a court who want less than 3 but as you have discovered they do excist.