Bankruptcy for Mum and SOA Help Please

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24

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  • FutureFreedom1
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    Thank you Sourcrates, that doesn’t sound too scary!

    Thank you Warby! Just want her to be able to live stress free!
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
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    Have a look at a Debt Relief Order as an alternative to Bankruptcy. Total debt is above the £20K limit and the I&E numbers are not quite there but if they could be brought below that then it may be another option.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • FutureFreedom1
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    Thank you WhenLam,

    What is the benefit of the debt relief order and are there any negatives compared to bankruptcy pleAse?
  • FutureFreedom1
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    Hi Everyone,

    So my mum went for the bankruptcy, however the person dealing with the case is disputing some expenses, my mum submitted the following SOA sorry it is an image and MSE won’t allow me to post a link to embed the image as I’m a new user :( remove the space please.

    https: //ibb.co/QHmSdX5
    https: //ibb.co/M2RZGVc

    This showed an income of £2139.50 (looks more than the original as they include council tax reduction as a benefit income)
    And expenses of £2210.37

    So -£70.87 per month for debts.

    The person dealing with the bankruptcy has said that the OR will want £115 per month for 3 years as they have reduced and not allowed some expenses as follows:


    They have not allowed for the savings fund. So this went from £25 to £0

    They have not allowed the holiday fund. So this went from £42.66 to £0.

    They reduced the emergency fund from £30 to £12.70.

    Gifts – reduced from £20 per month to £7 per month.

    School meals and meals at work – reduced from £40 per month to £0 per month.

    Laundry and dry cleaning – reduced from £20 per month to £0

    They increased toiletries from £20 to £24 per month.

    They increased the Child Educational Courses funds from £60 to £80 per month.

    So this reduces expenses by £133.96 per month.

    However, originally my mum was minus £70.87 for debt repayments, so I am not sure why they are asking for £115, shouldn’t they be asking for £63.09 (133.90-70.87)?

    I am wondering whether they have got confused by the council tax benefit/reduction, as their SOA includes this as an income, as they were asking my mum to pay the OR the full council tax amount (not including the CT reduction) and had to be reminded about the reduction, so maybe they have kept this as an income, when removing council tax as an expense (as you pay this to the OR directly)?

    Also, do the reduction in the expenses seem fair?

    They said they can not include the amount for savings or the holiday fund, as they said my mum has ‘previously reached the maxima for “personal costs”’. One of the main costs was the Elderly parent cost, as my mum has to visit their dad, as they are unwell and have no local family, so it’s not exactly a recreational personal cost. This seems unfair that my brother can not have a local holiday for 3 years with his mental health issues, the same for my mum when she has the stress of caring for someone with these issues. They said that “With regards to the holiday expense, this would need to come out of the hobbies, leisure and sport allowance, which you have put as £110 per month”, but this accounts for only 1 activity per week that my mum does with my brother (swimming/yoga etc) to help with mental health and fitness, he also has physical problems, so the holiday fund can’t come from this.

    They also said “I have also had to reduce your outgoings by £75 per month as you had reached the maximum allowance for some expenses”, we had to ask which ones they had reduced, to which they replied with the details above.

    They said that “school meals and laundry fall into the same category as Groceries – it is the group “food and housekeeping”. This has reached the maximum for this category, so I can not allow any more costs”. Plus, “the amount of emergency allowance they can include is capped at £20 but is limited to up-to 10% of your monthly surplus income”. They didn’t give a reason for reducing “gifts”.

    Any advice would be appreciated.

    Thanks so much for your help.
  • luvchocolate
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    It would be useful to us to see the amounts within the category which have been allowed
  • FutureFreedom1
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    Sorry they’re on the image links. The is a space, if you remove the space when you copy and paste into the browser, it wouldn’t let me include an image or link in the post as I’m a new member. :(

    Just to explain, my brother is being seen by CAMHS and they have said he needs to do weekly activities for his mental health also.
  • FutureFreedom1
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    If someone could help to post the images of the SOA on here that would be great please, as it says I’m too new to add links. The URLs are:

    https: //ibb.co/QHmSdX5
    https: //ibb.co/M2RZGVc

    If you remove the space after the “https:” then the link will work, you can imbed the picture to the post and it has all of the expenses on there please :)
  • FutureFreedom1
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    Alternatively, if you just want to look at the photo, you can just copy each link and remove the space and past in your browser and the image will come up
  • FutureFreedom1
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    QHmSdX5

    M2RZGVc
  • FutureFreedom1
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    I managed to upload the images, as I have made 10 posts so I’m allowed :) images above of expenses soa submitted. Thanks
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