The Bankruptcy Club & Supporters Club

sandralovescats

rog2 wrote:

There are two variants of basically the same animal:

IPA - Income Payment Agreement and

IPO - Income Payment Order

I was given the form for the latter (IPO) I think it maybe had something to do with the fact that it was one of my creditors who petitioned for my br, rather than me.
No IPO was issued, as I have no income, but I'm not sure if the OR can issue it once I find work. Any ideas?

I asked an OR about this -

An IPA/IPO must be started within bankruptcy - so if you find no work before your automatic/early discharge you will not be required to make any payments.
If your discharge occurs, then you find work, they cannot claim any monies from you!

sandralovescats

Bad News re my two claims -


"Please note that the Insolvency Enquiry Line of The Insolvency Service
deals
with general, not case specific, queries relating to insolvency, as it
is
not in full possession of the facts of each individual case and cannot
provide advice, only information.

I can tell you in general terms that a claim which exists at the date
of the
bankruptcy order, whether or not proceedings have been issued, may form
part
of your bankruptcy estate. The official receiver must be told and he
will
have to decide what part, if any, of the claim vests in your
bankruptcy. If
the claim is part of your bankruptcy estate you would lose any legal
right
to pursue the claim, even after your discharge from bankruptcy, unless
the
official receiver agrees to assign the claim back to you.

Any claim which is personal to you, such as injury to your person or
feelings, does not pass to the trustee in bankruptcy. However, if you
were
awarded such damages whilst you were undischarged from bankruptcy the
official receiver may be in a position to claim, as after acquired
property,
assets purchased or surplus income arising directly from the award.

Where a claim becomes an asset in your bankruptcy, in addition to the
above
this would include any claim for loss of property or earnings, the
trustee
would need to consider whether he would pursue the claim in the court,
attempt to settle with the person or organisation against whom you have
the
claim or assign it to you. I cannot tell you which option the official
receiver would take in your case as he would need to take advice before
acting, bearing all the relevant information in mind. If you propose
to
seek an assignment of the claim you would be asked to fund the official
receiver's legal advice.

You have stated you have a claim for medical negligence. If this claim
relates entirely to compensation for pain and suffering then the claim
would
remain with you to pursue. However, if any part of the claim seeks
compensation which relates to money or property, in particular loss of
earnings, then the whole claim will pass to your trustee in bankruptcy.

Employment claims are a specialised area. In very general terms a
claim for
wrongful dismissal will likely pass to your to your trustee in
bankruptcy,
but a claim for unfair dismissal will probably remain with you to
pursue,
subject to my comments above about an award for compensation. You
should
take independent legal advice of the affect of bankruptcy on your
claims.

I am sorry I cannot be more definitive than this but hope this
information
is helpful."

sandralovescats

sarah_skint wrote:

omg its only 17 days til br day - omg again its less than a week until yours sandra (if you go ahead with it). It sure seems to be coming round quick - just wish I could plough through these forms, I start and then I stop whn I don't know what to put, then I start again..............

If only I could sell on ebay.............

Roll on next Monday - yes I am going ahead with it, I have no other choice in the matter.

sandralovescats

monkeyy wrote:

I thought it was income payment agreement Im new to this but am looking through the site and slowly learning!

The IPA/IPO lasts for 36 months - 36 payments.

rog2

sandralovescats wrote:

Bad News re my two claims -

Not too good Sandra - Have you actually started the claims? If not, what would be implication of waiting until discharge before claiming?

sandralovescats

scootw1 wrote:

Also, when I go bankrupt I will still have two payments left on my council tax for December and January and similar for water. Do these come into the bankruptcy? Do I put them down as debts?

As far as I am award, your Council Tax is one of those debts that you are not allowed any way out of, you have it to pay. You cannot include it in your bankruptcy

monkeyy

Just come back from the cab and they were very helpful. He advised me that he reckons bankruptcy is my best option, so its a phone call to the court tomorrow to ask them to send the forms.
Feels like I have a 10 ton weight lifted from my shoulders.

rog2

monkeyy wrote:

Just come back from the cab and they were very helpful. He advised me that he reckons bankruptcy is my best option, so its a phone call to the court tomorrow to ask them to send the forms.
Feels like I have a 10 ton weight lifted from my shoulders.

Well done monkeyy - hope we can be of help.

sandralovescats

rog2 wrote:

Not too good Sandra - Have you actually started the claims? If not, what would be implication of waiting until discharge before claiming?

I asked that!!

The Employment Claim is started. I owe money to the Solicitor which I ought not to have been charged in the first place. I haven't signed any paperwork to allow him to go ahead with the case. The bill is £575!
It says he sent three letters to my employer, but has ignored my requests to see the copies of them.

My Employment Claim is for Breach of Contract, but techically Unfair Dismissal. My employer says I have been not been dismissed, my Solicitor says that in action I have! I am so confused with all this now I don't know where I am at! I cannot wait until after discharge to complete this claim because there is a six month time limit on it, apparently.

The medical negligence I can wait until after discharge, that is not a problem.

I emailed another Solicitor re employment so am waiting to see what they say.


What a complicated carry-on! I am getting to the stage that I couldn't care less any more!

sandralovescats

Monkey go to https://www.insolvency.gov.uk and complete the forms online, it is much easier!