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Debts arising after BR?

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TinyPomegranate
TinyPomegranate Posts: 93 Forumite
Third Anniversary 10 Posts Name Dropper
edited 17 March 2021 at 9:34AM in Bankruptcy & living with it
Hi, and once again thanks for all the great info in this forum.
I am going to apply for bankruptcy soon. There is a "debt" which I am disputing, and have been fighting over for a while. It's around £400. I definitely do not owe this money but am being chased for it as if I did. How do I declare this? Do I put it as debt owed and include it like normal? Do I ignore it exists as I do not believe I owe them at all and am in the middle of fighting to get them to stop chasing me? If I tell the OR I am disputing this debt will they just include it and then it gets written off anyway? What if I lose my fight and end up liable for the debt after I've started the bankruptcy process, or even after I've been discharged?

And if there is any debt that I've forgotten about, which comes up after I've applied. How does that get dealt with? I'm assuming new debt doesn't get included, but what about debt that I took out before but just forgot about? I'm just trying to cover all eventualities. I don't think there's anything I've forgotten but I'm worried.

I also was wondering if there was any benefit or disadvantage to waiting until after the tax year has finished to apply, as we are so close. With a little more research I could in theory apply tomorrow, but if I wait for another payday (end of month) the fee becomes much more manageable so I have a legitimate reason for waiting if there's any advantage to doing so.

Thanks

Comments

  • Benjamin75
    Benjamin75 Posts: 8 Forumite
    First Post
    edited 17 March 2021 at 10:52AM
    I am definitely not expert on this and the forum members with the right knowledge will advise you, but from what I understand is that when you declare yourself BR, it wipes out all the debts (including the ones you may not be aware of) I would however mention this to OR when you get the chance to speak to them. If I genniunly believe I don't owe a money to a certain company/individual, I would not add it on the list of creditors when I complete the BR application. 
  • sourcrates
    sourcrates Posts: 31,542 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Bankruptcy is an all encompassing solution that wipes all your debts, whether you know about them, or dispute them, it doesn't matter, they are all included.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Bankruptcy is an all encompassing solution that wipes all your debts, whether you know about them, or dispute them, it doesn't matter, they are all included.

    Thank you so much for clarifying that.
  • Minkym00
    Minkym00 Posts: 791 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    Bankruptcy is an all encompassing solution that wipes all your debts, whether you know about them, or dispute them, it doesn't matter, they are all included.
    Well not all debts, only “provable debts”. Non-provable debts are student loans, debts incurred through fraud and court fines. I assume that this debt is not one of those, but it is inaccurate to say that bankruptcy wipes ALL debts. 
  • Minkym00
    Minkym00 Posts: 791 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    I am definitely not expert on this and the forum members with the right knowledge will advise you, but from what I understand is that when you declare yourself BR, it wipes out all the debts (including the ones you may not be aware of) I would however mention this to OR when you get the chance to speak to them. If I genniunly believe I don't owe a money to a certain company/individual, I would not add it on the list of creditors when I complete the BR application. 
    Definitely DO add it to the list. All the creditors you list on your application will be informed of your bankruptcy. If you don’t include it on your application the debt will still be written off (as long as its not one of those I mentioned in previous post) but they won’t get the report that informs your creditors of your bankruptcy. And that means they may consider to write and hassle you etc. You won’t have to pay them, but may still have to deal with them because they don't know you are bankrupt, so include it.
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