A couple of questions , help please

Need2Know_2

I am 4 weeks away from giving birth and my H and I are days away from filing for BR.

I feel sick with worry and although there is nothing that can be done to stop the process ( we need to do it asap) I am wondering how I am going to be affected in terms of needing to go to court and doing or interviews just before I give birth.

Can I give power of attourney to my H , to deal with all this on my behalf, does anyone know?

Also because we are both going BR, is there any special things we may not be aware of that apply to a couple. I have looked through so many posts and its mostly individuals on here ( hope Im not being blind).

We are going to fill our online forms out tonight,and then I need to ring the court, what do I say? what is the likelyhood of getting an appointment and getting this all wrapped up before my baby is born?

I realise that I am waffling and that you may not be able to help but any help/advise you can give is much appreciated.


Thankyou

tigerfeet2006

Hi and welcome to the board and congratulations on your pregnancy.

fIRST CAN i ASK IF YOU HAVE TAKEN PROOFESSIONAL ADVICE (eek! sorry caps.) If you haven't get in touch with one of the debt charities in my sig. T he Judge will ask if you have.

There are several couples who have gone BR here but generally only one posts. You both need to petition seperatly. Two lots of forms and 2 fees

Each court operate a slightly different system. Some it is a prop in thing and others you make anappointment, some have really long waiting lists and some it can be next week. Ring your local county court to find out.

Sorry about the typing but I have a 5 month old feeding and wriggling on my lap.

((((((hugs)))))))).

Please don't worry to much about it to much there is loads of help and support here keep asking questions and we will help where we can.

Richard_S

Need2Know wrote: »

I am 4 weeks away from giving birth and my H and I are days away from filing for BR.

I feel sick with worry and although there is nothing that can be done to stop the process ( we need to do it asap) I am wondering how I am going to be affected in terms of needing to go to court and doing or interviews just before I give birth.

Can I give power of attourney to my H , to deal with all this on my behalf, does anyone know?

Also because we are both going BR, is there any special things we may not be aware of that apply to a couple. I have looked through so many posts and its mostly individuals on here ( hope Im not being blind).

We are going to fill our online forms out tonight,and then I need to ring the court, what do I say? what is the likelyhood of getting an appointment and getting this all wrapped up before my baby is born?

I realise that I am waffling and that you may not be able to help but any help/advise you can give is much appreciated.


Thankyou

Hi Need2Know,

One of the hardest stages of the bankruptcy process is the run-up to the Court hearing, and almost without exception it's a remarkably civilised process with the Judge frequently giving a few comforting words of support.

The best thing you can do at this stage is to accept the reassurances from people on this site that you have absolutley nothing to worry about, and very shortly you will have the whole mess behind you. Try and focus on the things that really matter; like the impending birth of your baby and your husband and family.

If nature is a little hasty then the worst you'll have to do there is reschedule your Court hearing and in the overall scheme of things that's only a formality. As for the O.R's office, they can be flexible and will arrange the meeting or phone call to suit your commitments. We were due to go on holiday just after our bankruptcy and when the O.R phoned I had to confess that we couldn't make the meeting because we were away; oh the embarrassment; not.:rolleyes: :rolleyes:

We were declared bankrupt as a couple and I can tell you, when it was all over, and we were a couple of ageing banmkrupts, it was a huge relief. We had a fab holiday; free from the stress and constant phone calls and letters, and despite the odd moment of concern we've not felt as content as we do now for ages.

You can try to fit the Court appointments around the impending birth, but don't worry if you have to postpone things; it sounds as though you're sure of the way forward and a few weeks are not going to make any difference.

Anything I've missed please post again,

Regards

Richard

seven2seven

Hey there , firstly good luck with the birth.

As Tigerfeet says , depends where you live as to how court works. Myself and OH both filed , and yes you do suffer two lots of fees (you can get a reduction if you are on certain benefits). Ring the Court Office , explain you are filing online but unsure what to do after that . I have not seen a bad thing said about court staff , they seem to universally be extremely helpful. If you are lucky to have a "walk in" court (I did , we were there just over 2 hours) then you can choose when to go. generally speaking you will talk to the OR on that day and then they will send you out some forms and info and then arrange a day for your phone interview (sometimes you have to visit office , depends how straight forward things are). I am sure the OR will be flexible given your situation , but I think legally you have to answer the questions (mainly its to do with how you got in to debt , what advice you gained , etc....).

Again .....Good Luck. Any more questions , just ask.

Scarlett.1974

Hi there,

I just wanted to say hello My H and I are filing for BR together and it's really not any more complicated that a single person doing it, from what I can see. 2 lots of forms and 2 lots of fees obviously and the court we're going to allow us to go in together, which is nice. I don't know if this happens at all courts though, so check out your local one to see what their procedure is.

You've already had some good advice such as make sure you've had professional advice and checking with your court as to how they operate (ours is appointments only, I booked ours almost 3 months in advance ), court staff are generally (in my experience) jolly lovely and very helpful, so don't be scared, give them a call and get the ball rolling

Anything else you need to know, just shout.

Scarlett xx

Need2Know_2

Thankyou for replying.

This has been in the pipeline for quite a while now, but we thought we had found a way to not have to do it, but unfortuantly we are back here again and closer to the birth too .
We have got lots of advice and have gathered the information we need ( I think)
I have just rung our local CC and we can turn up anyday mon-thurs to do it, so may well be doing it this week!!

The person was not partiularly helpful , but hey we will see what happens when we get there.

I am so scared....

tigerfeet2006

Have you spoken to one of the debt charities? Have you had any help with the forms?

Need2Know_2

Hi

Yes my Husband has been speaking with debtline and cccs and the insolvency service (who were actually the ones taht said about POA).
The dilemma we have now is when we should declare ourselves, we do not want to be stuck with no money to pay rent etc, is there a certain time of the month people do this?

Richard_S

Need2Know wrote: »

Hi

Yes my Husband has been speaking with debtline and cccs and the insolvency service (who were actually the ones taht said about POA).
The dilemma we have now is when we should declare ourselves, we do not want to be stuck with no money to pay rent etc, is there a certain time of the month people do this?

Hi N2K,

Some people do choose a date based on when their salaries or benefits are paid and when D.D's go out of the account, but to be honest it really doesn't matter that much. Make sure you withdraw all cash from your bank accounts just before you declare bankruptcy and then you can pay for essential expenditure; most organisations will allow you to pay cash until you have a new bank account and get the D.D's set up.

The sooner you get it done, the sooner you'll break the cycle of worry. If I was in your position, and taken all the necessary professional advice, I'd do the deed this week; that way you'll be able to enjoy your new arrival and Christmas and New Year too.:j :j

Regards

Richard

Need2Know_2

Thankyou for your reply

I am off the same opinion, but my Husband is worried that it is close to pay day and where will all his wages go if they get paid in but we cant access the account?
We only have about 50 quid in our account now so it would hardly cover essential living lol. My parents are on standby to help should we need it.
Its the unknown that is stressing me, and the sooner it becomes known the better.
I am worried about being given a IPO/A as Husbands wages are good, but they are all taken up each month. O h well we wont know till we try...

Richard_S

Need2Know wrote: »

Thankyou for your reply

I am off the same opinion, but my Husband is worried that it is close to pay day and where will all his wages go if they get paid in but we cant access the account?
We only have about 50 quid in our account now so it would hardly cover essential living lol. My parents are on standby to help should we need it.
Its the unknown that is stressing me, and the sooner it becomes known the better.
I am worried about being given a IPO/A as Husbands wages are good, but they are all taken up each month. O h well we wont know till we try...

Hi N2K,

When is your O.H paid, and how long does his employer need to change the bank account that his salary is paid into?

I changed my bank details to our daughter's name in good time and withdrew all cash from our accounts prior to bankruptcy. That made certain we'd got cash for essentials and my salary was safe. It was a hell of a struggle getting it from daughter's account; she thought all her Christmas's had come at once.:rolleyes:

I wouldn't even think about an IPA/O at this point; if bankruptcy is inevitable then it'll be easier on you both if you just take one step at a time.

Richard