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Post BR - Question on form re. 'Are you insolvent?'

Hi everyone. I haven't posted for a while. Went BR in May - one of the hardest but best things I ever did. Thanks again to this forum. I even got early discharge this week - just over 5 months - couldn't believe it!

I still work part-time and run a small business as well, so I'm managing to live. I have been offered a small part time job (literally 2 hours a week) that I'd like to do as it is helping a friend out. The company has sent me an employee details form which has a section in it 'Insolvency and Bankruptcy' There are 3 questions.
One is about my property which is not relevant.
The other is 'Are you an undischarged bankrupt' which I can now answer 'No'.
The other question is 'Are you insolvent?' Err, I dunno - am I? I don't think so. Doesn't Insolvent just mean 'Unable to pay your debts?'

I'd appreciate any thoughts.
Thanks

Comments

  • confused76
    confused76 Posts: 12,680 Forumite
    Part of the Furniture Combo Breaker
    i would have thought the answer is now no to both of those questions... :)
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    I would have said No to the undischarged bit and also NO to being insolvent. Because you no longer are; you don't owe anything anymore so your income/assets (what they are!) outweigh what you owe, which is nothing. You are insolvent when your outgoings are more than your income/assets.

    Some people may be the other way round - not yet a BR but insolvent (as you were before BR).
  • sizzler
    sizzler Posts: 5,094 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi there

    It’s all a question of what toyr financial position is at the time you fill it in. I would assume you have no liabilities therefore you can’t be insolvent. Solvency is all about debts. If you have none then you can’t be insolvent.

    So No.

    Hope this helps sizzler:)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    No, you are not insolvent. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • ani_26
    ani_26 Posts: 3,700 Forumite
    But then, if you had a bro, would you technically still be classed as insolvent?


    Actualy, i guess the answer to that is probably no? but just thought i'd check, please ?
    Debt free - Is it a state of mind? a state of the Universe? or a state of the bank account?
    free from life wannabe


    Official Petrol Dieter
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Even with a BRO the answer to the insolvent bit is no. You are solvent the day of the BR order as your liability to all debts goes and a BRO simply extends your BR restrictions not the BR itself. You can also be discharged but still under a BRO.
  • ani_26
    ani_26 Posts: 3,700 Forumite
    Thanks for that prompt reply. Yes i realise about the discharge bit, that you still get your AD.

    Thanks Nohope
    Debt free - Is it a state of mind? a state of the Universe? or a state of the bank account?
    free from life wannabe


    Official Petrol Dieter
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Nohope wrote: »
    But then, if you had a bro, would you technically still be classed as insolvent?

    No......................
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • SadEyed
    SadEyed Posts: 16 Forumite
    Thanks everyone - thats really helped. Feels good to be honest about things now - not trying to hide after years of ducking and diving trying to avoid the various creditors.
    I am solvent now! Things seem possible now whereas they didn't before.
    Thanks again and good luck to anyone still going through it.

    All the very best
    (Not so) Sad Eyed Girl
    :)
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