Got my Date, what happens in court

lisanewman1980

Hi All,

I got my date today, we will be going to court next Friday, can anyone give me an idea what happens in court?

Will they read through all of our debts individually?

fermi

Judge will just have a skim through the paperwork. No-one reads anything "out" as such.

Even if you see the judge, which many don't, it'll only be a brief thing in a private office to check you realise what you are doing etc. No big deal.

lisanewman1980

I am so scared about it!! I am also 33 weeks pregnant and there is a ton of stuff I need to buy, cot, double buggy (I've also got a 20 month old) and I'm worried that I won't be able to get these items.

As it stands at the minute just on my husband's wage we wouldn't be put in an IPO but I am just about to start getting maternity allowance, which until the baby is born would give us a little left over to pay into an IPO but then I wouldn't be able to get the items I need for the new baby!! I am so worried!

fermi

Can't remember if they can take that income into an account for an IPA, but even if they could, then they should allow the additional expenses, as buying the things would certainly be considered a "reasonable domestic need".

Whatever the OR does, they must make sure that any IPA etc does not reduce your income so that reasonable domestic needs cannot be met.

So I wouldn't worry.

If for some strange reason they should try, then remember you do not have to agree to any IPA. Can't imagine the OR wanting to go to court to expain why maternity money should be paid to them.

lisanewman1980

If they don't take it into account that would make it easier! I'm so worried about it and my court date is the day after my wedding anniversary!!

fermi

Either they won't take it into account. Or they will, but will allow the extra expenses in your budget over those months. Either way, it should be fine.

If they were mean enough to try and take it in some form or another (which I can't imagine they would), then I would fight them tooth and nail. :cool:

debtinfo

technically they wouldnt have to allow you the money to buy the babies things until there actually is a baby, most examiners would be a little kinder than that but you could get one that is a stickler for the rules. Do bear in mind though that IF an IPA is started it is 36 months from the start of the IPA which usually takes a ouple of months to get set up anyway, so if there are things to be bought the opportunity to do so is right at the start of the bankruptcy when it is fine to do so as no money has yet been set as an Ipa

lisanewman1980

If they take a couple of months to set up then my expenditure will have increased by that time because the baby will be here!!
Also, am I allowed to include money for a small holiday and haircuts in my soa?

unhappytinkerbell

Hi.. I saw the judge and it took all of five minutes. She read the form to herself looked up and said she was so sorry for what I had been through and then stamped it. Was a very painless process.

Good luck x

lisanewman1980

Knowing my luck I'll get a Mrs trunchbull type character and she'll look down her nose disapprovingly! Not looking forward to it at all!

alastairq

Knowing my luck I'll get a Mrs trunchbull type character and she'll look down her nose disapprovingly!

don't worry, doesn't happen. The Judge will be more concerned that you fully understand the implications of bankruptcy.

Also, am I allowed to include money for a small holiday and haircuts in my soa?

Yes and yes.