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Not sure what to do

Hi,

I was wondering if someone could help.

I need to go BR, I have debts totaling over 25k and i am on income support and incapacity benefit, the issue i have is all the income support, chb, ib & tax credits are paid into my wifes account.

What will happen if i attempt to go BR, I have no money what so ever barely living off benefits with huge debts (occured before i went on ib/is)
«1

Comments

  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Are the benefits in your name even though they go in to your wife's account? Doesn't matter whose accout they go into anyway.

    HAve you spoken to one of the debt charities for advice on your options?

    :j :j


  • KK9000
    KK9000 Posts: 257 Forumite
    I've been Money Tipped!
    The benefits are in my name, however they go into OH account. Will the OR use my wifes accounts? The reason i am asking is my wife is more sensible with money than me hence the benefits going into her account.
  • mel12
    mel12 Posts: 298 Forumite
    When you go BR the OR will look at your income, and if you have a surplus they'll ask you to pay it towards the bankrupcy. If your only income is from benefits you can't be asked to pay anything so don't worry. I don't think it'll affect anything that your benefits go into your wife's account.

    Do you have any joint accounts or joint debts with her?
    Only after the last tree has been cut down,
    Only after the last river has been poisoned,
    Only after the last fish has been caught,
    Only then will you find that money cannot be eaten
  • KK9000
    KK9000 Posts: 257 Forumite
    I've been Money Tipped!
    mel12 wrote: »
    When you go BR the OR will look at your income, and if you have a surplus they'll ask you to pay it towards the bankrupcy. If your only income is from benefits you can't be asked to pay anything so don't worry. I don't think it'll affect anything that your benefits go into your wife's account.

    Do you have any joint accounts or joint debts with her?

    Thank you for that. No i do not have any joint accounts just my own stupid debts.

    If i was to take the forms to the courts etc what type of documents would i need to take apart from the BR form?

    Regards
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    All you would need to take the day of court is the bankruptcy paperwork (3 copies) IF your claiming court fee refunds any benefit letters as proof (dated within a month) some change for the coffee machine something to read in case your hanging a round a while and thats it
    We all die. The goal isn't to live forever, the goal is to create something that will
  • alastairq
    alastairq Posts: 5,030 Forumite
    Are the benefits in your name even though they go in to your wife's account? Doesn't matter whose accout they go into anyway.

    HAve you spoken to one of the debt charities for advice on your options?

    what FYP posts is also necessary before going to a Court to petition.

    It is a question asked by the Judge, before BR can be granted.

    [Don't lie to the Judge.....the ramifications are enormous if discovered]
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    alastairq wrote: »
    what FYP posts is also necessary before going to a Court to petition.

    It is a question asked by the Judge, before BR can be granted.

    [Don't lie to the Judge.....the ramifications are enormous if discovered]
    I was never asked that question but nevertheless I did take advice. Spoke to CCCS and Business Debtline. I found much more advice on here plus great support. I could have never done it without the support on here.
    :T

    :j :j


  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I think it's a question on the BR forms anyway, so maybe FYP's judge actually looked through the forms before their 'meeting'?
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    also some judges are just a little bit more on the ball than others, alot of people don't even see the judge
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I never saw a judge. There were several people going BR that day (RJC in London). We all handed in our forms first come, first served and then came back in the afternoon. I doubt the judge had time to look closely.

    :j :j


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