Bankruptcy, work shares and compulsory overtime

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joa1210
joa1210 Posts: 73 Forumite
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edited 23 May 2018 at 10:50PM in Bankruptcy & living with it
Hi all,
I’m needing a bit of advice, my husband is considering bankruptcy but is due some shares in June, he can’t sell them for 2 years does anyone know how this would this affect bankruptcy? Do they have be declared as an asset even though he can’t touch them?
Also for 8 weeks a year he does compulsory overtime, we use this for Christmas presents and shopping, how should this be declared on the application?
if we do it on the application it comes up as a surplus monthly, when its only surplus for 8 weeks not the whole 12m
TIA

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  • makingamends
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    1) For the shares are they 'vested'? IE allocated to your husband at a fixed price with him having the option later to purchase them at said price (with the 2-year sale restriction) regardless of whether the company has floated or not. Or do they have they any real value today? If they have any real value the OR has the right to ask for them to be sold and the money paid into the estate.

    2) For the overtime, the OR has the right to claim any additional income regardless if it's a one-off or regular. This would be discussed in the interview and needs to be declared when you complete the statement of income as part of the process.

    For a bit of real-world experience, I am discharged, have an IPA and every time I receive 'additional income' for overtime, I have to declare it. The solicitors dealing with my IPA then discuss with the OR the additional income amount to be repaid which is normally a very large proportion of the declared amount. However, bear in mind it's on a case by case basis.

    The best bit of information I ever received was the statement 'The OR are here to help you reset your financial status, reclaim reasonable amounts back into your estate but NOT make your life so financially difficult that you are in a worse position than before the bankruptcy'

    Hope this helps
  • joa1210
    joa1210 Posts: 73 Forumite
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    Thanks for the reply,
    They have a value he just can’t sell them and keep the money for 2 years. So it would be next July before he could make any gain from them
    They are of considerable value per share at the minute too.
    Also thanks for the overtime information, I’ll put it down and see what happens, I could try and make the SOA balance to swallow it up however we don’t have that money every month even though the bankruptcy application has allocated through the year so it just looks bad.
    It’s so hard, in the middle of June I start 5 weeks unpaid mat leave as well and can’t show that anywhere !!!128547;
  • joa1210
    joa1210 Posts: 73 Forumite
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    Sorry, I just realised I didn!!!8217;t edit my original post.
    He informed me after I!!!8217;d posted he already has 2 shares from when he started, those would be cashable next July, he then gets 2 more next month, which he can!!!8217;t cash for another 2 years
  • Potbellypig
    Potbellypig Posts: 775 Forumite
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    Can't comment on the shares, but obviously tell the OR about the overtime and he'll make a judgement call.

    For me, the OR didn't bother with my overtime so I got to keep it, but it may be different depending on circumstances.
  • joa1210
    joa1210 Posts: 73 Forumite
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    Thank you, the application is saying that it doesn’t look at this stage than an IPA would be invoked even with the overtime so we’ll just have to hope.
    Thanks for the response
  • peterparker12
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    Please can you state if 100% of the overtime is taken or in your experience %90??
  • mwarby
    mwarby Posts: 2,048 Forumite
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    As far as I know all wages overtime or otherwise are taken in to consideration when calculating an IPA
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