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Anyone ever had their bankruptcy adjourned?
GubGub
Posts: 44 Forumite
Had my court day today, it did not go well.
It was adjourned until next week when I have to return to see the judge with evidence of the value of my (now repossessed) house, evidence of the value of my debts and confirmation whether my ex-husband plans to seek a financial settlement.
Has anyone any experience of going to a second hearing? What happens if they refuse my bankruptcy? Can I reapply? Will they keep my £700?
It was adjourned until next week when I have to return to see the judge with evidence of the value of my (now repossessed) house, evidence of the value of my debts and confirmation whether my ex-husband plans to seek a financial settlement.
Has anyone any experience of going to a second hearing? What happens if they refuse my bankruptcy? Can I reapply? Will they keep my £700?
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Comments
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Hi,
It is very rare (almost unheard of) for a debtors petition to be refused or adjourned.
I can only suggest that you gather the necessary evidence and present it.
Bizarre really, unless you left the debts page blank or something.....
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
I found it bizarre (and a little distressing to be honest).
I filled in the debts pages fully, and researched whether I needed to provide any evidence to which the answer appeared to be no. I wrote down absolutely everything I could think of throughout the petition - even original debts of the debts in addition to the dates I took on liability, the fact that both my partner and I wear glasses on my SOA etc. I'm suspicious I've just caught a bit of an ar*e of a judge on a bad day...0 -
I suspect that you are right!I'm suspicious I've just caught a bit of an ar*e of a judge on a bad day...
In a debtors petition a judge only really has to consider;
1)Are you insolvent, which in a debtors petition is " I am unable to pay my debts"
2) Do you understand the consequences of bankruptcy / have you taken advice on the matter.
With a bit of luck you might get a different judge next time.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
I'm sorry Gub Gub & agree , maybe the judge was simply out of sorts. My forms had reference numbers , amounts and names of the companies that I owed money to, I just didn't know the addresses, I've had the debts so long , with a DMP & IVA company I didn't know the address & the court was fine.
They even allowed me to call my old IVA company , to ask them to fax over my failed IVA confirmation.
Also , because of my circumstance , I filled out a form to prevent my address going. Into the papers.
Still feel very jangled & tearful. When do you go ack to the court ?
It'll be your turn for good results then Gub Gub.mum "e" to the most perfect girl :Awho stood by me through it all nana to my beautiful grandson WLM 27.09.13:j
mother of the bride September 2014
Turning a house into a home
What if the Hokey Cokey is really what it's all about ?0 -
Hi GubGub yep the exact same thing happened to me, adjourned for a week.
In my position I was unsure about the debts (as ex husband was refusing to give me any info on joint debts) & I went to see CAB who advised me to put approximate figures & let the OR get the exact ones. Massive failure, I had to get the amounts owed from the creditors in writing & the judge was unpleasant & patronising.
It was a huge stress & involved lots of phone calls but I went back the next week armed with said letters, got a different judge & it was accepted. The court administrators were very kind & they rushed me through the second time so I didn't have to spend another morning waiting.
In your instance perhaps get your ex mortgage company to confirm, in writing the property value, collect letters from your creditors re other debts. Do you have a solicitor who might have something for the financial settlement?
Don't despair, its a huge pain in the !!!! but the judge is making sure that declaring BR is in your best interests.0
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