Another question

rhianna99

Im looking to go bankrupt in July, and my question is up till now I have been making reduced payments to some of my creditors but not others, some I have not paid anything off for years. Would I get in trouble for this as I am supposed to treat all creditors fairly?

Also one of the people I owe money to is my mum (i owe £1000) this is for court costs she put on her credit card when I was taken to court for contact access by my ex husband, I have been making the minimum payment on her credit card for the last 3 months, direct from my account. I didnt want to include this debt on my BR because I dont want my parents finding out about the BR, do i have to include it? also it shows on my bank statement that I transferred £700 to my mum last month, however this was money which she had paid my solicitor as a holding deposit and when they returned it they made the cheque out to me, (it was only for £360 because instead of requesting the last months bill from me they took if off this deposit) so I put it in my account and then transferred the money to her, including the extra few hundred which was the last months bill. Im worried that this will count as preferential treatment to a creditor. can anyone advise?

rossireps

You have to include all debts

fermi

As said, you can't really exclude the debt to your mother.

What do you mean by reduced payments? Presumably these were just to ones that chased or hassled for money?

As long as you haven't deliberately paid large sums to one creditor and not another, with the deliberate intention of putting them at an advantage because you are going bankrupt, then it's not a bother. Paying some creditors small amounts as they are hassling you, and not to other isn't going to be a preference in a form the ORE is going to be bothered about.

£700 hold deposit for what? I think if it was just effectively passing through your possession, then it's not a problem.

rhianna99

Hi the deposit was a retainer for the solicitor, it was returned to me at the end of the case, but because they took the last months bill out of it I only got a cheque for about half of this, and made the rest up myself before transfering it to my mums account, this is what I would have paid if they sent me a bill. If my mum agrees that I dont have to pay her back , which she would if she realised how much debt im in, could I leave it off the petition?

JCS1

rhianna99 wrote: »

Hi the deposit was a retainer for the solicitor, it was returned to me at the end of the case, but because they took the last months bill out of it I only got a cheque for about half of this, and made the rest up myself before transfering it to my mums account, this is what I would have paid if they sent me a bill. If my mum agrees that I dont have to pay her back , which she would if she realised how much debt im in, could I leave it off the petition?

Remember you will be swearing in court that the paperwork is true and correct to the best of your knowledge, I would always suggest honesty with the OR.