Partner and bankruptcy

arlenet593

Hello,

My partner and i have been trying to deal with our debts, tried dealing with stepchange and entered into a debt payment plan. I then stopped working so that went to pot

we havent paid any debts since, stopped DPP about 18 months ago. Weve been advised our best bet is bankruptcy and we agree.

My question is, we live together have done for 7 years so all income goes into joint account bills come out there etc. Do we need to apply for bankruptcy separatley? We have the forms and just need to raise the £200 x 2 fees. Its going to be so confusing having to do it separate as obviously it would look like i have no earnings so obviously couldnt afford to pay anything but hed have his full wage if you understand me.

how has this worked for others?

thanks

coolcait

It's an interesting time to be going bankrupt in Scotland, because there were some huge changes on 1 April 2015. I'm still getting my head round them!


First of all, if you have forms please make sure that they are the new forms (from 1/4/15) not the old ones.


There's more information on the new process here http://www.aib.gov.uk/sites/default/files/debtors_guide_from_1_april_2015.pdf


Finally, you'll each need to put in your own application. If you don't have any income, then that's what you need to put in your application form.


But, if you possibly can, please do try to see a money adviser for advice and support before you do anything else.

National_Debtline

Hi arlenet


Coolcait's advice to see a money adviser is particularly relevant here as you may need them to issue you with something called a "certificate for sequestration" if you don't meet any of the other criteria for going bankrupt.


Essentially, if none of your creditors have taken legal action against you already and issued either a "charge for payment" or a "statutory demand", you'll need that certificate before taking the next step.


Good luck and ask as many questions as necessary!


Dennis
@natdebtline

debt_doctor

Thanks Coolcait - Scotland often seem to get it right more than we do in England and Wales.
DD

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