CSA/ Mortgage shortfall from ex...please help

piana84

Just had a thought, if i was to go bankrupt would the shortfall be passed to my EX?
I.e.: would they start to chase him for some sort of payments?

Or could they refuse to allow me to go bankrupt?

Also, could the judge refuse seeing as i am already making payments and are in a DMP?

Sorry for all the questions...been up half the night thinking about all this

peachyprice

Oh yes, the shortfall would fall 100% to your ex

They won't refuse to allow you to go bankrupt as long as you liabilities outweigh your assets and you cannot pay your bills when they are due. The fact that you are paying into a DMP will make no difference.

HTH

RAS

piana84 wrote: »

Just had a thought, if i was to go bankrupt would the shortfall be passed to my EX? Yes
I.e.: would they start to chase him for some sort of payments? YES

Or could they refuse to allow me to go bankrupt? - You can only be refused bankruptcy if you assets exceed your liabilities. - Does not sund like this is the case.

Also, could the judge refuse seeing as i am already making payments and are in a DMP? - This is evidence that you cannt afford your debts.

Sorry for all the questions...been up half the night thinking about all this

Make sure you get as much sleep as possible and take you time.

Have you spoken to any of the debt charies about this?

piana84

Thank you Ras. And Peachy!

I am going to make an appointment with my local CAB and was comtemplating just ringing my case officer at payplan and see what they say.

I wanted to see what would happen about my job first but other than speaking to my HR department im not going to really know, i just didnt want to have that conversation with them and make them aware of the situation before i had made up my mind.

Another thing i didnt realise is that i am likely to have to change my bank account again, even though i changed it to a cash card account when i entered into a DMP - and that my money will be frozen... how do people manage paying their bills when this happens?

RAS

If you go bankrupt then you need a bank account with Barclays or Co-op as they are the two BR friendly banks.

make sure all your benefits are set up to go there.

The OR is unlikely to freeze your day to day account, usually they release it within 48 hours, but as a precaution take out any cash you need the day before your appointment.

You can use a credit card to pay the BR fees; this does not seems to casue grief.

Do check on the new IPA rules though because they are really strict.