Very angry judge, is this normal?

owlet

Sorry to hear you had a rough time. The judges aren't normally so critical. Obviously I don't know your history but based on what you have said in your opening post...

If your debts were small and manageable when you sold the house, I can't see you would be refused BR for not paying them. You can't forsee what the future holds, if you could you (probably) wouldn't be applying for BR now!

It's also fine to use some of the money for genuine living expenses. I'm sure most of us have done that.

Try not to panic & do sit and think about how you are going to chat to the OR. Mostly it will be a question & answer scenario but you will probably be asked how you ended up at the point of BR.

Remember to stay calm and don't get angry!

Have to hand your copies of the BR forms, a pen and arrange to be undisturbed if at all possible.

I hope it goes well for you & let us know how it goes.

owlet

[QUOTE=Wasabi___She_kept_accusing_me_of_wasting_money_on_silly_things_like_having_Sky_(£27_monthly_for_phone,_basic_package)_or_a_mobile_phone_for_my_daughter_(she's_13_and_her_school_requires_it_for_lessons_to_do_research_online_etc)._()[/QUOTE]

Just to add that basic sky /phone packages & basic cheap mobile phone are normally allowed. They will not (normally) allow £50/60 sky packages or £30 mobile phone contracts but cheap as chips deals are normally ok.

Wasabi74

Yes exactly, a £27 monthly Sky expense shouldn't be an issue but she couldn't let it go, and how I shouldn't be spending money on Sky if I'm requesting BR, and how irresponsible that is. Same with my daughter's mobile even though I explained that they require it at her school.

My case is quite straight forward so no idea why she was being so aggressive towards me and hostile; even the way she was angrily passing pages of my application was disturbing... oh well, may she was just having a very bad day today:(

I have all my notes ready and nothing to hide so interview should go ok, thank you for all the advice.

National_Debtline

Hi Wasabi


I'm sorry that your experience of the bankruptcy hearing wasn't great but it is far from typical, in my experience. There's nothing in your initial post that suggests to me that your petition can't/won't be accepted. Essentially the litmus test is as follows:


- Can you meet your commitments as they become due?
- Do your assets exceed your liabilities (debts) in value?


If the answers are "no" and "no", then your petition should be approved.


I hope your interaction with the OR is more pleasant!


Dennis
@natdebtline

missbiggles1

Wasabi74 wrote: »

Today I went to court and declared myself bankrupt. I was taken to the judge, a mature lady, who seemed so, so angry. She kept accusing me of wasting money on silly things like having Sky (£27 monthly for phone, basic package) or a mobile phone for my daughter (she's 13 and her school requires it for lessons to do research online etc). She seemed very angry, passing pages in my form back and forth very aggressively and her questioning was in a very hostile mood.

She then said that she would have to consider whether she would approve my request for bankruptcy (I didn't know a request could be denied?) citing the reason that I had used half of the profits from the sale of the family home (sold three years ago, split half and half with my ex husband) not to pay entirely my debts (small amount and perfectly manageable at the time) but also used part of the money for living expenses (unable to work any longer as childcare too expensive once I separated).

I now have to do the phone interview with the OR but concerned that this judge will be denying my application, even though I cannot see any reason why she could possibly refuse it.

I guess no specific questions ... just wondering whether all judge hearings are like this. She really did seem personally !!!!ed off with me (apologies for the swearing:()

Didn't you claim benefits at that time?

Wasabi74

Blindman - No I didn't start claiming benefits until the money had all been spent on living expenses a year after I separated; didn't want to burden the state with it when I had money in the bank. My credit card was paid all bar £4k (very manageable and my only debt at the time) and used the rest to live on. And yes, my daughters school makes them use smart phones as part of their lessons (I'm not even going to dignify your comment on listening to the radio instead of having a television with a response....). FYI I also had to buy a 2nd hand car (ex husband kept the family one) as well as furnish a whole home from scratch (I left with nothing for reasons I'm not going to go into here). Hardly keeping the cash and being greedy huh?

Wasabi74

Thank you Alastair. I thought it was just me the one who thought Blindman's post was unnecessarily judgemental (especially for no apparent reason). Thank you.

dancingfairy

I'm sorry it didn't seem to go very smoothly for you. It can be a very stressful time for all concerned so maybe you took things more personally than normal? or perhaps the judge was having a very,very bad day (or a mixture of the two)?
A judge shouldn't really be there to judge you in my view, their own personal views aren't relevant, unless there has been some kind of attempted deception, and then, if there was some issue it would be for the official receiver to extend your bankruptcy not for the judge to judge.
Anyway, you've got through that stage so you shouldn't need to have any contact with the judge again, let's hope things are a little smoother with the official receiver for you.
df

Wasabi74

Thank you df :-)

Lily-Rose_3

Wasabi74 wrote: »

Thank you Alastair. I thought it was just me the one who thought Blindman's post was unnecessarily judgemental (especially for no apparent reason). Thank you.

Wasabi you poor thing. As if going bankrupt wasn't terrifying enough, to have a snooty ratty judge into the bargain!

Surely this judge and other judgemental people must realise that people don't purposely set out to rack up 1000s of pounds of debt and go bankrupt. That isn't on anybody's to-do list!

Yes of course you don't NEED sky tv and you don't NEED a mobile phone, and you don't NEED a car and you don't NEED a telly, and you don't NEED a lot of things...but everyone has them, and I think it's fair enough to want a bit of telly and a mobile for your son so you can contact him, (and for other reasons you said that he needs it.)

I genuinely hope that your petition gets accepted. :A

I have never been bankrupt, but know several people who have, and it was not an easy decision to do it, and a few people have been horrible to them about it. There but by the Grace of God go they eh?!