Depressed and in urgent need for advice

DavidDAM

Hi Ben, thanks for your response.

I do have a disability which means living in a solitary room will be difficult especially if there are shared facilities like a bathroom.

My other concern is that I am currently depressed and having lots of different housemates to deal with will put a strain on me.

I have been advised not to go back to work but am desperate, absolutely desperate to start paying back my sister.

If I was to rent a room (Lower costs), then I am worried that the official receiver will deem that I have lots of disposable and swallow it up.

I would then be in a situation where I am depressed, going to work in a high pressure environment and then probably seeing half of my monthly income being taken. Ironically, I am worried that the official receiver will take more in a month than I would have been paying creditors. This is mainly down to me thinking the official receiver won’t accept child maintenance costs of £2400 and rent which will be roughly £1500 (if I was to move out) - these are completely honest figures but having seen other people’s SOAs I am deeply concerned

DavidDAM

Please note I am in no way looking to shirk giving any disposable income to the official receiver. My concern is that the official receiver doesn’t take into my account my actual costs and takes too much money. Having four kids that I am desperate to see regularly will also mean I need to spend money when seeing them - will the official receiver factor that into costs or deem it to be unreasonable? I am thinking these costs will be roughly £300-£400 per month

Flyright

You will not be allowed to repay your sister whilst you are a bankrupt. Any surplus income will be used to benefit all your creditors (and the Insolvency Service's costs) so repaying your sister is an absolute no-no and will get both of you into trouble.

DavidDAM

Oh my, I really don’t know what I am going to do in that case.

In terms of any IPA is it likely the official receiver will accept my costs

Child maintenance of £2400 and rent of roughly £1500. I will need to move out from my parents as my family will no longer talk to me if I can’t pay back my sister.

Flyright

The Official Receiver may well question the fact that your child maintenance is in excess of the guidelines and again seek the difference as a contribution towards your bankruptcy estate. I think you need to understand that as an undischarged bankrupt you cannot carry on as before in terms of your expenditure as the Official Receiver has a duty to your creditors.

DavidDAM

Thanks for your reply.

I do understand that, but my children don’t live excessively. This is exactly what has always been paid towards their care and I don’t think it is fair it changes.

I have cut my entertainment spend time £0, clothes spend etc.

This might sound stupid, but I don’t think I fully realised the implications of going bankrupt. I assume once you have been made bankrupt, there isn’t any way to reverse it? Could I contact my creditors and ask them for an arrangement and let the official receiver know I have an agreement in place.

HampshireH

By!DavidDAM28th Dec 19, 12:17 Pm

Thanks for your reply.!

I do understand that, but my children don’t live excessively. This is exactly what has always been paid towards their care and I don’t think it is fair it changes.!

I have cut my entertainment spend time £0, clothes spend etc.

Unfortunately its not really relevant whether you think its fair it changes.

You cannot afford to pay it.

They would benefit from a smaller amount monthly rather than nothing which is the current state of affairs.

You need to have a more realistic approach under your new circumstances.

£1500 for a property is unnecessary.
£2400 in Child Maintenance which is double the recommended gov.uk minimum is unnecessary.

What part of the Country do you live in? Im in the South and €£1500 in rent would get me a substantial 4 bed house. 1 bed places vary from £600-750. Thats for a house. Flats are similar.

Its going to be a challenging shift in mindset but you can do it.

DavidDAM

Thank you for your reply Hampshire.

I live in Central London and £1500 will get me a 2 bedroom flat at best - most likely to be a one bedroom flat. I cant live with flat mates due to health issues which I hope the official receiver takes into account.

I read on other sites that the official receiver can’t really say anything about where I live. Or can the official receiver tell me to move places to reduce rent?

My biggest struggle here is that I have all these genuine expenses and am worried the official receiver will not take these into account. I am leaving myself with no money to do the things I enjoy.

As I mentioned in previous posts I am 3 months behind on child maintenance payments. Will the official receiver take this into account when calculating my IPA?

DavidDAM

Also the £2400 is split between two parents. One of the children has a chronic illness which means he is frequently in hospital (was admitted into hospital 14 times last year) hence care costs being high.

Caz3121

officially if via CMS your child maintenance would drop to a token amount when unemployed...not sure a private agreement (no CMS involvement and no court order) would be counted as arrears.
Are the mothers aware of the bankruptcy and the fact that you are unlikely to be able to provide the level of maintenance they previously received going forwards?
Is the mother of the child with additional needs claiming all the benefits for that child?