Bankruptcy and current claim

Boredofitnow

I am considering bankruptcy in the very near future. I have a current claim against me that has yet to proceed through Court but is a live claim. Can all money judgements and orders for payment made in the court be included in bankruptcy? What happens if I go Bk before the outcome of the case? Would it still be included as it is a live claim?

Thanks

TheGardener

It depends on what the case is?
Debts that aren't automatically written off include the following:

• Magistrates court fines; any payments a court has ordered you to make under a confiscation order, for example, for drug trafficking.
• Maintenance payments and child support payments, including any lump sum orders and costs that have arisen from family proceedings, although you may be able to ask the court to order that you don't have to pay this debt
• Student loans
• Secured loans and other secured debts, such as debts secured with a charging order
• Debts you owe because of the personal injury or death of another person, although you may be able to ask the court to order that you don't have to pay this debt
• Social fund loans
• Some benefits and tax credits overpayments.
• Some debts that arise from fraudulent activity

maxmycardagain

TheGardener wrote: »

It depends on what the case is?
Debts that aren't automatically written off include the following:

• Magistrates court fines; any payments a court has ordered you to make under a confiscation order, for example, for drug trafficking.
• Maintenance payments and child support payments, including any lump sum orders and costs that have arisen from family proceedings, although you may be able to ask the court to order that you don't have to pay this debt
• Student loans
• Secured loans and other secured debts, such as debts secured with a charging order
• Debts you owe because of the personal injury or death of another person, although you may be able to ask the court to order that you don't have to pay this debt
• Social fund loans
• Some benefits and tax credits overpayments.
• Some debts that arise from fraudulent activity

Not tried ALL of those yet but theres always time... :rotfl:

Boredofitnow

Thanks for your replies. Not child support or magistrates but a real mess of things

TheGardener

Sorry to hear things are not going well for you - anything you can run by us for support or suggestions?


For the benefit of any readers: Secured loans and other secured debts, such as debts secured with a charging order. This doesn't meant you can't include secured debts completely - if the asset which the loan is secured on stops being yours due to default of mortgage, repossession or seizure by the OR - then the resulting debt does fall into BR.

Boredofitnow

Thanks but there are reasons why I can’t put the details in public forum unfortunately

TheGardener

Ok - fair enough. Hope things turn out as they should.

WhenIam64

Thanks but there are reasons why I can’t put the details in public forum unfortunately

Talk to a debt charity then if you can share it with people in confidence.