Bankruptcy - anyone who's been through it

chocky

Hi all,

Am seriously considering bankruptcy and wondered if anyone who's been though bankruptcy could give answers to the following please.

1. Presumably the first step is the complete forms - where do you get them from and how much does it cost?
2. How long does the procedure take from submitting forms to a court hearing?
3. House in is OH sole name - would OR force a house sale, as it could be said I have an interest in the house?

Answers to these and any other information you think would be useful would be much appreciated.

Thank you

wherediditallgo

Hi, & welciome to the board.

1. You can download the forms from here - you'll need forms 6.27 & 6.28. Make sure you download the guidance notes as well, as they'll help you complete the forms properly. We can help with that too.

2. How long it takes depends on the court you go to. Some courts allow you to just turn up at court on a day of your choosing, but some operate an appointment system. You can check which court is the right one for you here.


In the first instance though, you should take professional advice so that you'll know whether going BR is the right option for you. You'll be asked if you've done so either at the court or by the OR, & not doing so is one of the few reasons why someone may not be allowed to go BR. You can contact any of the organisations in my signature, who'll advise you free of charge & without judgement.

tigerfeet2006

chocky wrote: »

Hi all,

Am seriously considering bankruptcy and wondered if anyone who's been though bankruptcy could give answers to the following please.

1. Presumably the first step is the complete forms - where do you get them from and how much does it cost? you ring your local county court and ask their procedure. It varies slightly from court to court. They will send you the forms or
These are the forms so you can see for yourself. They look daunting, but an advisor and/or we can help you if you get stuck.

Debtors Bankruptcy Petition:

http://www.insolvency.gov.uk/pdfs/forms/form6-27.pdf

Statement of Affairs (Debtor's Petition):

http://www.insolvency.gov.uk/pdfs/forms/6-28.pdf

Plus you need to read the guidance notes which give some basic help in filling them in.

Statement of Affairs (Debtors Petition) (Guidance Notes):

http://www.insolvency.gov.uk/pdfs/fo...rsguidance.pdf

It costs £150 court fees and £335 OR fees.
2. How long does the procedure take from submitting forms to a court hearing? Some courts you need an appointment some don't.A lot of courts you take your money in with the forms, they check them, you see the judge who will stamp the papers and you are BR, You then have a brief conversation with the OR. This process lasts about 2 hours ish. Other courts you take the papers and money in a few days before then go back later to be declared. Ring your court to find out their procedure.
3. House in is OH sole name - would OR force a house sale, as it could be said I have an interest in the house? What have you contributed to the house? mortgage? maintenance etc? If the OR says you have a beneficial interest then your OH will have a chance to buy this usually.

Answers to these and any other information you think would be useful would be much appreciated.

Thank you

You must take professional advice this is a requirement or your petition could be refused, see my signature.

chocky

Thanks wherediditallgo (love your username);) Just tried the court website you suggested, but its down - will try again tomorrow.

tigerfeet2006

Have a look at these links to give you some idea at what is involved

This gives you a basic outline http://www.nationaldebtline.co.uk/en...=01_bankruptcy

and

http://www.insolvency.gov.uk/guidanc...bankruptcy.htm

chocky

Thanks Tigerfeet. I have taken advice from CCCS who I've had an arrangement with for about 3 years and they advised bankruptcy, given that it will take me 57 years, 5 months to pay off my debts. I'll try the links tomorrow that you've posted and let you know how I get on.

TheEditor_2

Hi Chocky,

I phoned on New Years Eve' Eve and got offered the 9th or the 14th of Jan 08. I went for the 14th, so I could get my stuff straight.

TheEd.

chocky

thank you everyone for the useful advice and the links. Your help is very much appreciated. I'll post again when I've an update.