The Bankruptcy Club & Supporters Club

sandralovescats

Initially, I was worried about having to wait four weeks for my Court Date in case one of my creditors decided to declare bankrupcy on me. Then I found out that they can't !
The creditor has to follow the process of missing x number of payments, then issuing a default notice, then getting a CCJ (which takes another four weeks or more), then they can claim bankruptcy on you.
The only department that this does not apply to is HM Revenue & Customs - so Tax and VAT, whom can declare bankruptcy immediately.

Now isn't that good to know?

I only missed payments since September, so two so far, three by the time 20/11 comes around.

I cancelled my direct debit for my car payment, which is due on 14/11. I need the present car until I get my new Motability car in December, well, around Christmas. So, I am not telling them anything. I will wait until the OR tells them then hopefully I won't be without a car for very long, if at all!

goldy

Thanks for the advice, Chilli and Sandra - much appreciated.

gettingitsorted

Well got myself all worked up ready for the OR phonecall today and not a dickie bird (its not that im impatient but get really nervous and anxious) was told yesterday at court that i would either recieve a phonecall yesterday afternoon or today ,i can appreciate they are very busy people but i wish for people who like me get so worked up and nervous that they would keep to there times .

omg just realised i was having a rant

sandralovescats

It is such commonplace work for them, I guess! They don't see into it the way we do!

Hang in there!

rog2

gettingitsorted wrote:

Well got myself all worked up ready for the OR phonecall today and not a dickie bird (its not that im impatient but get really nervous and anxious) was told yesterday at court that i would either recieve a phonecall yesterday afternoon or today ,i can appreciate they are very busy people but i wish for people who like me get so worked up and nervous that they would keep to there times .

omg just realised i was having a rant

Don't worry - I didn't get a call for 5 days.

Red_sky_2

hi everyone,
good luck GIS with your OR phonecall, hope it comes soon, must be horrible having it dragged out like this, thinking of you!
p.s. does anyone know if they inform your landlord when you declare yourself bankrupt?
p.p.s. i want to be a member of the BCSC club, but do we need numbers? personally, i've had enough of being a number... (just a thought -no judgement on anyone else, i totally understand the feeling of solidarity from have a definite sign of membership etc).

sandralovescats

Red Sky, I think they only inform your landlord if you owe your landlord money in the bankruptcy

milly_rhys

can i just double check a few things sorry to go over old ground

1. they do not make you pay money each month if your only income is benefits?
2. u attend court once ?
3. is it the judge that decides bankruptcy and then u speak to the or ?? what is the purpose of seeing the or after being declared bankrupt ??
4. the or interview is over the phone?
5. in the first year before discharge the restrictions are things like inheritence lottery and obtaining credit ??
6. after discharge its on your file for 6 years ? do u have to tell people in this period or just in the pre discharge period?(i mean a mortgage lender or something )
7. if i start to fill in the online forms and then decide to not go bankrupt is it a problem?

thanks all and sorry again if im repeating myself

sandralovescats

1. Yes this is true
2. Yes, just once
3. Usually the Clerk to the Court reads through your petition and makes sure
all is correct. Then sometimes you see the Judge, sometimes not. The
Judge rubber stamps your petition.
The OR is appointed to see to your affairs, to inform your creditors, etc.
You will also be expected to justify yourself to the OR. He is more
important in all this than the Judge. If the OR thinks that you have been
reckless with your spending in some way, he can impose a BRU for between
1-15 years, which imposes restrictions on your obtaining credit in that time.
4. If the petition for bankruptcy is voluntary, the interview with the OR is
usually on the phone. It might not be, it might be in person. If you want it
to be in person you can request this.
5. Yes, but also you will have problems obtaining any credit for 6 years. Why
would you want credit after going through all of this?
If you inherit money, win the lottery, etc, within the first 12 months, you must
declare this to the OR who will decide if they want any of it. You may get an early
discharge, which can be down to 5 months.
6. I think you have to disclose you are bankrupt for the full 6 years. It stays
on your CRF for the full 6 years from the date of bankruptcy so they will
find out anyway.
7. No, not a problem. The information only stays on the website for 6 months
and then will vanish into thin air. You can, however, delete the information
yourself.

gettingitsorted

milly_rhys wrote:

can i just double check a few things sorry to go over old ground

1. they do not make you pay money each month if your only income is benefits?
2. u attend court once ?
3. is it the judge that decides bankruptcy and then u speak to the or ?? what is the purpose of seeing the or after being declared bankrupt ??
4. the or interview is over the phone?
5. in the first year before discharge the restrictions are things like inheritence lottery and obtaining credit ??
6. after discharge its on your file for 6 years ? do u have to tell people in this period or just in the pre discharge period?(i mean a mortgage lender or something )
7. if i start to fill in the online forms and then decide to not go bankrupt is it a problem?

thanks all and sorry again if im repeating myself

Hi Milly

1.As far as i was made aware no if you are only on benifits then they dont and if not i think you haft to have over £100 of surplus income a month.

2.yes you only attend court the once
3. the judge stamps your bankruptcy papers and then you are contacted by the OR this is to go over your debts and inomings /assets to decide whether or not you have anything of value or can pay a monthly figure back to your creditors
4. i think the OR calls you first and then its either all done via phone or they make an appiontment for you to go in and see them.
5.you will not be able to get credit

point 6 im not sure about

7. i cant see any reason if you start to fill in the forms online the decide not to go ahead that it would cause any problems


Rog or sandra may be of more help im sure they will be along later


GIS