How much equity needed and rentals

Hi all. My business is looking as though it might go under and I want to be prepared as I can be.

Considering going bankrupt (debts could be in excess of £80,000), and can accept this but my partner and I are hoping to try and keep the house. It is joint owned with a max of £25,000 equity (at absolute best), will they take this?

Also, we have a rental with £5,000 max equity but a rental income that doesn't quite cover the mortgage. I've been told they may take the income but leave us with the mortgage (obviously then taking my partner down with me).

Any help/advice would be much appreciated.

Comments

  • dojoman
    dojoman Posts: 12,027 Forumite
    Hi and welcome to the forum:)

    The OR now has 2 years 3 months to deal with properties. As for your rental property, the OR will take any rent that you receive on this property.
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • MTDancer
    MTDancer Posts: 244 Forumite
    Part of the Furniture 100 Posts
    Hi, just thought I would tell you that our mortgage company appointed their own receiver and they take the rent to cover their debt, this was agreed with our trustee I assume
    Building a new life after bankruptcy
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    I'd speak to the business equivalent of National Debtline - I think it's called BusinessDebtline and then once you have a clearer idea of what you can do with the business and what effects it will have on you then chat to National Debtline, CCCS or your local CAB for advice as to your best course of action.
    Best of Luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Own home - The trustee will want your share of the equity, they will assume 50:50 split unless there is reason not to. The trustee has 3 years to deal with your interest.

    Rental home - The trustee will expect you to hand over the half the rental income, if the OR is trustee then they will not use this to pay the mortgage. They are entitled to your interest in the equity in the property also. If the mortgage is not being paid then the mortgage company may apoit their own receiver to collect directly. The trustee has an unlimited amount of time to deal with the property

    This is a large and changing subject the above is just an overview
    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.
  • MTDancer
    MTDancer Posts: 244 Forumite
    Part of the Furniture 100 Posts
    Thanks for that debtinfo
    Building a new life after bankruptcy
  • Thanks very much for the info.

    So basically if I go down, they'll take the rental income (or at least half), but leave me to pay the mortgage. And because my partner is also on the mortgage if we can't cover that (which we won't be able to) she'll then be taken down as well.

    Anyone else been through this recently? Love to hear what happened so I know what to expect.
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