Just starting proceedings to file for bankruptcy

Grandma23

We are just starting the process of my DH going bankrupt. We have begun to fill in the forms online but it is so confusing. When you are listing your debts it asks for a date when the debt was incurred but in the case of say a credit card it can accumulate over many years, so what do you put?

Also he has a small claims court date for end of July, where do we put this down? There is a space for CCJ's on the statement of affairs but it asks for solicitor details etc and this does not apply.

Finally can you tell people you owe money to that you are starting the process of bankruptcy to keep them off your back or is this not advisable? Are they informed by the bankruptcy people?

We plan to take the forms into our crown court at the end of the month.

distilled

addo, can I just ask one question? I'm not starting another war because I know remmer well. If you haven't even been through the bankruptcy process yourself yet, why do you feel qualified to have a pop? Remmer and I go back a long way and he really has a heart of gold. The main reason for his BR was refusing to let his mum be put into a care home. His life has been on hold for a long time. His fiancee must love him dearly because her life is on hold too. All that man can think about is helping others. I used to post here lots on another thread (check it) and I never had any abuse. The trouble with remmer is his sense of humour (check previous posts) and he obviously hit a nerve with you. All I'm saying is, when you've gone through the painful process of BR, you'll be qualified to give advice. Back to Bulgaria for me now. Take care all I can't even begin to imagine what you're going through

fermi

These comments on your questions refer to the paper/downloadable forms so they may need to be adapted to the specific requirements and capabilities of the on-line form service.

Grandma23 wrote: »

We are just starting the process of my DH going bankrupt. We have begun to fill in the forms online but it is so confusing. When you are listing your debts it asks for a date when the debt was incurred but in the case of say a credit card it can accumulate over many years, so what do you put?

In Section 4 you are asked for "List of Unsecured Creditors".

The advice I received directly from the Insolvency Service was that for credit card debts that had been incurred over a period of time, to enter the approximate dates in the form: From 'date' to 'date'.

If the online forms only allow the input of a single date then put the first, and when they are printed out you can make a manual addition/correction or add the additional info in the "Extra Information" section at the end of the form.

Q 5.2 Asks for the date obtained, which should be when you obtained the card.

Also he has a small claims court date for end of July, where do we put this down? There is a space for CCJ's on the statement of affairs but it asks for solicitor details etc and this does not apply.

Q 1.16 asks "Are you involved in any legal proceedings?"

You should be able to enter details here.

Finally can you tell people you owe money to that you are starting the process of bankruptcy to keep them off your back or is this not advisable? Are they informed by the bankruptcy people?

You can, but creditors often hear this as a stalling tactic, so are frequently inclined to ignore it.
Once you are bankrupt the Official Receiver will write to your creditors with a formal notification to them of your bankruptcy.
If any continue to contact you just give them the details of the bankruptcy order and tell them to contact the OR.

We plan to take the forms into our crown court at the end of the month.

Bankruptcy is normally dealt with by your local County Court.

Hope that helps

Grandma23

fermi wrote: »

Bankruptcy is normally dealt with by your local County Court.

Hope that helps

It says online that you can only take your forms to Crown Courts?

fermi

Grandma23 wrote: »

It says online that you can only take your forms to Crown Courts?

The official info on the Insolvency Service website is:

From: http://www.insolvency.gov.uk/guidanceleaflets/dealingwithdebt/howtopetition.htm

Which court should I go to?

Not all courts can deal with bankruptcy matters. Bankruptcy petitions can be presented at the High Court in London, or in a county court that deals with bankruptcy matters. Generally, you should take your petition for bankruptcy to the court that deals with the area where you have lived or traded for the longest period in the previous 6 months. If you live in one court district and run your business in another, you should go to the court dealing with the district where your business is, as this takes priority over your home address. If you are not sure which court to go to, you should telephone your nearest county court for advice. The address and phone number of your local county court is listed under 'Courts' in the phone book; you should look for 'civil courts - county courts' and not magistrates' courts. The courts are usually open to the public from 10am to 4pm Monday to Friday. You will need to contact the court to find out if it has jurisdiction to hear a bankruptcy case. The Court Service website at www.courtservice.gov.uk has a list of county courts with bankruptcy jurisdiction, and an index of county courts which will show you the geographical jurisdiction of each.

From:http://www.insolvency.gov.uk/guidanceleaflets/guidetobankruptcy/guidetobankruptcy.htm

Where is the bankruptcy order made?

Bankruptcy petitions are usually presented at the High Court in London or at a county court near to where you trade or live. A petition can be presented against you even if you are not present in England or Wales at that time. This can happen when:

• you normally live in, or within the previous 3 years have had residential or business connections with, England or Wales.

Sometimes government departments start bankruptcy proceedings in the High Court in London or in one of the District Registries. If you did not trade or do not live in the London area, your case will usually be transferred to the appropriate local county court and, if a bankruptcy order is made, it will be dealt with by the local Official Receiver.

I myself went to County Court, and you will find that apart from those who went to the High Court (on The Strand, London), that virtually everyone else goes to County Court.

Not sure where you are reading about 'Crown Court' but it is almost certainly erroneous.

distilled

Sorry for hijacking this thread again but as I sit waiting for a delayed flight(yet again) I cant help but wonder why someone who has trouble even completing the forms is wasting it's time offering advice and criticizing others. Is it me?