Do I get any choice over dates of BR?

fk9af

Hi

I'm going to apply for bankruptcy within the next couple of months but just have a couple of questions as I don't understand my official books I've been reading:

1) Do you get any choice over the date of your BR, so you can arrange for it to be after pay day?

2) How long does it take you to be assigned an OR after you've filled in the form, and then how long to get your BR date?

3) Will your OR interview and the court appearance always be during the week, i.e. will I have to get time off work and what will I tell them?

4) At what point do they take your bank cards off you? I read it was during the OR interview, in which case how do you pay all your bills in the mean time before your BR?

5) I am thinking of handing over my house as it would cost me more to sell it than the equity. I am thinking of not paying for my mortgage for a couple of months so I can save the money for a flat deposit. Is it better to try and get a flat before or after the BR?

6) Will the OR understand the fact I've been using the money for a new flat or will he think I should have kept my house?

7) Sorry, I know there's a lot of questions - If I was to earn any overtime in the next couple of months would he expect me to pay off my creditors, or could I keep it for deposits, court fees and living expenses?

Thanks for all your help

Nat

Bakeybadoo

1) Yes, you should be able to. Depends on the court but it's either just turn up on the day you want to go BR or it's you ask for the date you want and they'll tell you if it's free.

2) Your BR date should be the date you turn up to court. In some courts you go first and hand in the forms first and then go back on another date to actually have the hearing.

You won't get an OR until you've been declared BR. You sometimes speak to them on the phone briefly after the hearing. Or they will arrange a date for you to go in for a face-to-face interview. Sometimes they will arrange a date for a telephone interview, from home. Or like me, you might have it straight after the hearing. We went over to the OR straight after and had our entire interview there and then.

3) Yes, they are usually weekdays. If you have enough notice then book a days holiday or maybe just call in sick?

4) The OR will not take your bank cards. They might well take your credit cards but not your bank cards. It's not the OR who decides to close an account, they just write to the bank and inform them of your BR but it's the banks decision.

Some people decide to remove money from the account prior to BR to allow them to live for a month or so, just incase the account is frozen. That's perfectly acceptable and the OR will not mind.


5 & 6) House stuff is not something I'm good at but with regards to renting, either way a landlord would probably find out you had been declared BR. I personally would attempt to get somewhere before BR BUT I'm not sure if that's the right thing to do or if it would look good that you couldn't pay your mortgage but had spare cash to rent.

7) You are fully allowed to keep money to save up for fees and living expenses. No problem.

Do not pay anything to any creditors once you've made the decision to go BR. Just keep up with essential bills - utilities and ideally, your rent/mortgage.

NekoZombie

Hi Nat

Welcome to the board. In answer to your questions:

1. This depends on your local court - I'd advise calling them to find out what the set up is.

2. You get assigned an OR once you have been to court and petitioned bankruptcy. Depending on the court and how busy they are, you may meet the OR on the same day, or up to a few weeks later. In some instances it will be a telephone interview rather than a face to face meeting.

3.Yes, it will always be during the week, so you will nedd to take time off.

4.The OR interviews is after bankruptcy so you will have your cards up to this point.

5. It would be better to sort any housing arrangement before bankruptcy, as it will almost certainly be more difficult to arrange post bankruptcy.

6. Do you mean renting a flat? Well, the deposit has to come from somewhere, especially if you don't have savings. I would suggest token payments to all your unsecured creditors - not sure about the mortgage though.

7. You can keep the money you earn in overtime; just be prepared to explain what you've been spending it on.

NekoZombie

Bakey, you beat me to it!

Conor_3

I'd dispute the choice about the date.

Whilst technically you do have a choice, the backlog is so large now that you're best taking whatever date you are offered.

When I booked my FILs date in mid May, it was a 2 week waiting list. When we went there on Wednesday for the BR hearing, a bloke petitioning was told that the next appointments were now the end of August. And this is in Scarborough - hardly the highest populated area in the UK. The Clerk explained that they've had twice as many BRs the the first 5 months of this year than in the whole of 2000.

fk9af

Thank you all so much for replying. This has cleared up so many issues for me. I will get in touch with my local court and ask them what dates are available.

The reason I don't want to keep my house is that I have a together mortgage, 76 secured and 20 unsecured, my house is worth about 80, but if I sold it I would have to pay fees of 3k, and estate agents fees and solicitors. I don't see myself living in the same place for much longer, and if I rented it out I wouldn't get enough to pay the mortage, so I'd feel much more free if I was renting, and once I go BR, wouldn't have any savings to pay for the things that always go wrong with houses.

Thanks so much for all your help.

Nat