Partner bankruptcy help

Sam8862

Hi,

Forgive me if this is all wrong, but i’m new too this.....

My partner was made bankrupt in March this year it was a very difficult decision, but after having a break down which we have had to mange ourselves him being “debt free” so to speak was the only option he had.

I have two questions, firstly when he went bankrupt there was an amount outstanding on the council tax for last year, my question is am I still liable for the whole outstanding amount or just a portion of it.

I/he is also very worried about the amount he owes to HMRC this corporation tax from his LTD company which is being dissolved in the next two months. This debt and the above council tax debt have both been included in the bankruptcy but I keep reading about them being able to come and take belongings regardless of the bankruptcy

Not to give the sob story but it has been an awful year or so and i’ve had it all on keeping our main bills covered and food in the cupboards.

Any advice will be much appreciated, thank you

Lacemaker

Hi Sam8862,
Please don't think that anything is "wrong", all situations are unique but it is likely that someone on here has been through something similar or has professional experience that can help in some way.

You will be liable for the Council Tax, however, sometimes councils are not very aware of the rules, send off your husband's order to them and see what they come back with. It is also possible that a Council Tax IPA ( where the Council Tax amount is paid to the OR instead of the Council) could be set up for your DH, however, as the bankruptcy order was so close to the end of the authority's financial year that I think this ship may have sailed. This would probably have determined if there was adequate surplus on your husband's income and expenditure form.

The Ltd Co issue is a slightly different matter as a Ltd Co is a separate legal entity, is your husband the sole director and does the company have any assets ?If the Co has assets in terms of equipment ( though not "tools of trade" ) , then they can be recovered.

As for "belongings", if you are meaning personal effects/ furniture, if a bankruptcy order is in place a personal creditor of your DH cannot continue to enforce a debt by sending in bailiffs, if , in the unlikely event any turn up, show them the Order. It is very unlikely that the OR will take any interest in personal effects worth less than £500.


Invest some time and effort into bolstering up your OH's mental health and attend to your own too, you will come out on the other side of this and absolutely NOTHING is worth making yourself poorly over.


Good Luck.

TheGardener

Sam8862 wrote: »

Hi,

...there was an amount outstanding on the council tax for last year, my question is am I still liable for the whole outstanding amount or just a portion of it.

The other resident of the property will be liable for the whole amount of CT.

Sam8862 wrote: »

I/he is also very worried about the amount he owes to HMRC this corporation tax from his LTD company which is being dissolved in the next two months.

Talk to Busniess Debtline as soon as possible - its free.

...

Sam8862 wrote: »

but I keep reading about them being able to come and take belongings regardless of the bankruptcy

Only if you are talking about high value items such as investment jewellery, state-or-the-art electronics, expensive cars etc. Ordinary household goods including family laptops etc are of no interest to the OR.