hello. help and advice needed.

tigerfeet2006

Quick question, do you not get any benefits at all?

randomrules

no, no benefits

Quimoi

My 2p...

No unsecured debt repayments are shown - should you not list your debts there? Without them there seems no need for BR as you have a surplus each month according to the SoA.

I'd guess the obvious questions from the OR would be:
Is your mobile phone on a contract? If so, how long left on it?
What is the 'other travel' cost for?

You should only need to include your Paypal account as an asset if it has a credit balance.

TheGardener

Quimoi wrote: »

My 2p...

No unsecured debt repayments are shown - should you not list your debts there? Without them there seems no need for BR as you have a surplus each month according to the SoA.

I'd guess the obvious questions from the OR would be:
Is your mobile phone on a contract? If so, how long left on it?
What is the 'other travel' cost for?

You should only need to include your Paypal account as an asset if it has a credit balance.

The whole point of BR is to not repay the debts - the OR will not allow debts to be repaid once the BR order is issued...? The SOA is meant to be a statement of the BR's reasonable expenses after BR.
The mobile phone is fine - the OR will not be worried about a £30 a month mobile when there is no land line. You are certainly allowed to have a phone.
Given you don't have a car - the other travel is fine.
Paypal accounts should be listed. I have to say I didn't list mine but only because I didn't know you were supposed to. I too sold of a number of items just before BR to help with the fees - the OR could see these transactions on my bank statements but never even mentioned them.

Quimoi

TheGardener wrote: »

The whole point of BR is to not repay the debts...

The point of bankruptcy is actually for protection from your creditors. The debts may or may not be repaid depending on the debtor's assets and income.

TheGardener wrote: »

The SOA is meant to be a statement of the BR's reasonable expenses after BR.

I had assumed this SoA was for his 6.28 form. For that he does need to tell the court what unsecured debts he has otherwise they will not see a need for the order.

If I have misunderstood and the OP has already petitioned for BR and this SoA is at the OR's request then yes, I guess the debts which were part of the bankruptcy order would not need to be listed.

TheGardener wrote: »

The mobile phone is fine - the OR will not be worried about a £30 a month mobile when there is no land line. You are certainly allowed to have a phone.
Given you don't have a car - the other travel is fine.

Agree completely that both of those expenses should be fine. My comment was that they were a couple of things that the OR might ask about in his interview.

TheGardener wrote: »

Paypal accounts should be listed.

Fair enough, I wasn't aware that a Paypal account was specifically required to be disclosed.

tigerfeet2006

Looks fine to me. Nothing jumps out atm. Maybe up your haircut to £10 and put the rest of your surplus into housekeeping.

Your income is quite low, are you not entitled to any benefits?

randomrules

Hello,

I have been realised from my contract at work due to ongoing ill health and I am now signed off again and will be applying for ESA when my contract comes to an end on 7th Jan.

I am this close to being ready to petition - however, I am now not sure what to put on the form. By the time I appear in court I will be unemployed but I am unlikely to know exactly what benefits I am going to be awarded.

How do I reflect this on the form 6.28 (page 19)?

Will they accept that I just don't know yet?

I feel like I am falling between 2 stools here - but I really don't want to delay any longer waiting for my benefits situation to become clear.

TheGardener

I think I press on with the BR having got this far - I don't think the Judge or the OR is going to make a fuss about it - if you have no income there will be no IPA. I would get it over and done with if I was you. Whatever you get on benefits is not going to have any impact on the BR - there would still be no IPA

tigerfeet2006

I concur with The Gardener, if you have the funds then get on with it.

alastairq

How do I reflect this on the form 6.28 (page 19)

What goes down must reflect the position on the date of petition...not what might happen. If you feel you cannot explain yourself on the actual page, then use the end page [with a reference to the question being added to]...to explain yourself more, in your own words.