BR and Jail?

funguy

yes thats why i think...see doctor for ?depression and arranging the power of attorney should be the immediate issues to be dealt with...

both will allow the OR to see the medical issues and allow progression of affairs through a competent attorney.

funguy

I suspect in the event of the doctor diagnosing depression (which i agree with fermi sounds very probable), the OR will request an indepth report from the doctor about other previous and current medical issues and a copy of her medical records and then use this to identify how long to extend conditions etc.

fermi

funguy wrote: »

yes thats why i think...see doctor for ?depression and arranging the power of attorney should be the immediate issues to be dealt with...

We need to check first whether a power of attorney will allow them to deal with this first. Otherwise it is utterly pointless.

sunshine124: The OR can and will apply to the court to suspend that bankrupts discharge indefinitely if they are unable to conclude the investigations of the bankrupts affairs.

blind-as-a-bat_2

sunshine124 wrote: »

ok guys, so providing she gets the doctors note and gives it to the OR, wil the OR extend the bankruptcy and how long will the extension last for ? I know its usually 1 year but will the OR make it last even longer due to her stress/depression?

That will depend on wether it stops them frm concuding there investigations, if so they may apply to suspend discharge to allow the time to do so, and thats asking how long is a piece of string im afraid.

If they can work round the problem them they may not have to delay discharge at all

blind-as-a-bat_2

fermi wrote: »

We need to check first whether a power of attorney will allow them to deal with this first. Otherwise it is utterly pointless.

sunshine124: The OR can and will apply to the court to suspend that bankrupts discharge indefinitely if they are unable to conclude the investigations of the bankrupts affairs.

As i stated in sunshine124 other post i agree a power of attorney almost certainly will not extend to any daelings with the OR although it may help relieve the pressure if a family member where to look after her current affairs (household bills etc) while she deals with her current problems (both the depresion and the BR when she feels abllle to), besides that it will be pointless

fermi

blind-as-a-bat wrote: »

As i stated in sunshine124 other post i agree a power of attorney almost certainly will not extend to any daelings with the OR although it may help relieve the pressure if a family member where to look after her current affairs (household bills etc) while she deals with her current problems (both the depresion and the BR when she feels abllle to), besides that it will be pointless

Agreed. Especially if we are talking about an examination of the bankrupt, rather than just routine dealings with their affairs.

Just having a read and found this with regard to public examinations.

I expect this would only apply to serious cases of some sort, but it's one example of the discretion that can be applied.

14.30 Unfit person; alternative location

The official receiver should not normally fix a public examination hearing for a person who suffers from any illness, disability, or mental disorder which he knows would make it difficult for the examinee to attend or take part in the hearing. Where a public examination has been fixed, and the court takes the view that the examinee is unfit to undergo or attend it, the court may either stay the order fixing the examination or direct how and where the examination should be conducted. If the official receiver is aware that the examinee is likely to be unable to attend court he should in his application for the holding of the public examination ask that the court order the examination to take place at a convenient location, e.g. the examinee’s home. The official receiver should speak to the district judge or registrar in advance of making the application to seek his views.

missimaxo

I would like to try and clarify a few points:

1 - If the person mentioned has already had her interview (think I read that earlier) then what specifically does the OR want them to do/deliver up that is leading to the threat of PE?

2 - As far as I know power of attourney will not count. The OR does have discression with regards to co-operation, but they will only take a doctors note to prove it, not a phone call from a family member (unfortunately it is an excuse used by people too often to not comply - therefore some proof is required for the genuine people).

3 - going back to my point 1 - if this is going on post- interview then I guess that either the person has not fully accounted so far, or has done some conduct that may lead to a BRO. If this is the case, then by ignoring the OR, they are making the situation worse. If there is genuine (proven) ill health such as depression, then it will be less likely for the OR to take action as it would look badly on them if it got in the papers. If the misconduct is serious enough that a BRO is still considered, then the length may be reduced. The only scenario where this might not happen would be if by placing a BRO on the person, it would help stop them from doing that conduct again (eg. an addicted gambler).

missimaxo

sunshine124 wrote: »

the truth is , i am suspicious of her, i think she may have a drug problem the way she acts, but i have asked her, and she totally refuses, and says there is nothing of the sort. I dont push her as i dont want to lose her friendship, but she still worries me.

if my suspicions are right about her problem, then will the OR be harder on her? whats the procedure of dealing with this sort of thing?

If the explanation for her failure is that she has spent the money obtained on credit on drugs.... then this would likely lead to a BRO for extravagance. This would be to try and stop her from doing it again as much as anything.

Richard_S

missimaxo wrote: »

If the explanation for her failure is that she has spent the money obtained on credit on drugs.... then this would likely lead to a BRO for extravagance. This would be to try and stop her from doing it again as much as anything.

Hi missimaxo,

I didn't realise the O.R's powers went as far as rehablilitating drugs users.:rolleyes: :rolleyes:

Maybe I'm naive, but if the O.R has proof of drugs abuse wouldn't it be better to refer that person to the relevant support agencies, as opposed to pushing them into a life of crime to satisfy their habit.

Richard

missimaxo

Richard_S wrote: »

Hi missimaxo,

I didn't realise the O.R's powers went as far as rehablilitating drugs users.:rolleyes: :rolleyes:

Maybe I'm naive, but if the O.R has proof of drugs abuse wouldn't it be better to refer that person to the relevant support agencies, as opposed to pushing them into a life of crime to satisfy their habit.

Richard

One of the problems we have is proving drug abuse. When I have interviewed and been given drugs as an explanation, we can ask loads of questions about type/ quantity/ cost etc to try and establish it is the truth, but ultimately you are not going to get evidence to back it up. We have to try and see if the money is stashed under the bed at home.

I don't make the rules, but I am sure most people would want attempt at some protection to stop a drug user from obtaining credit and using it to buy drugs again. "as opposed to pushing them into a life of crime to satisfy their habit" the same could be said of gamblers, but again gambling gives rise to a BRO.

"I didn't realise the O.R's powers went as far as rehablilitating drugs users.:rolleyes: :rolleyes: " a BRO is not going to do this, but it does provide some protection to the public from them borrowing money to pay for their habit and then going bkt to prevent them from having to pay it back.