Ask a StepChange (formerly CCCS) counsellor a bankruptcy question

skiloz wrote: »

hi there
i am about to file for bankruptcy, could you tell me if i need an appointment at the county court or can i just turn up as i have been trying to phone the court for three days now and cannot get speaking to anyone

Hi skiloz,

Thanks for your message. It’ll depend on the court as to whether you can just turn up without an appointment. If you can’t get through to them over the phone, you could visit in person to try and make an appointment. Alternatively you could check to see if there’s another phone number or email address you can contact for your court on this website: https://courttribunalfinder.service.gov.uk/search/

Kind regards,

Laura

77blondie wrote: »

Hi can you tell me if you receive a personal injury claim when bankrupt can the OR lay claim to it? None of it is for loss of earnings. Thanks

Hi 77blondie,

It's hard to give advice without knowing all the ins and outs. My understanding is that the OR could potentially be interested in money recevied from a personal injury claim but this depends on what the money received relates to - I'd expect they'd be more interested in a claim related to lost earnings over one for compensation for distress caused.

I'd recommend speaking to your OR's office and seeking their advice. If you'd like a second opinion then you can contact the Insolvency Service to check with them: https://www.gov.uk/the-insolvency-service.

Kind regards

James

redhead90 wrote: »

Hi,
I'm really hoping I can get some good advice.
About 4 years ago my partner took out a loan with his ex for about £20,000. However they split up, they tried to continue paying the loan but couldn't afford too. So my partners ex sneakily declared herself bankrupt. The loan I assume is now all in my partners name, no payments have been made on the loan for at least 2 years. It's now just over 30,000 on the loan that my partner owes. He also has a few other debts which probably equal to about £5000. We simply can not afford to pay them back. We have just had a baby, I am currently on maternity leave, getting SMP which as everyone knows is nothing! My partner works but with our incomes together we can just afford to live. We couldn't afford to pay all that debt. And every month that passes it gets worse. How do we even begin to start the bankruptcy process and would we get any help with fees? If we had a spare 700 we would be paying some debt off!

Hi there,

Thanks for posting.

We often see situations where joint debts become the responsibility of one person, which can seem overwhelming and difficult to deal with, especially at a time when your budget is tight and you’ve got other priorities to be dealing with, but rest assured there is help available.

Bankruptcy is a big step to take and isn’t always right for everyone, but in some cases it may be the best way forward. It’s just one of many different debt solutions, however first it’s important to get the right advice and look at your whole situation before deciding the right solution.

As a charity, we can help you with this. We offer free, impartial and confidential debt advice and solutions based on your specific situation. There’s two ways you can get help from us:

1. Give our Helpline a call and chat with an advisor about your situation. They’ll be able to take information about your income, budgets and debts to suggest a debt solution to suit you. You can find out how to get in touch with our Helpline here: http://www.stepchange.org/Contactus.aspx

2. Or you could use our online tool Debt Remedy which works in a similar way to our Helpline. The difference is that instead of talking with an advisor, you enter your information online and Debt Remedy will suggest an action plan to help deal with your debts. You can find Debt Remedy here: http://www.stepchange.org/Debtremedy.aspx


If bankruptcy is the right solution for you, our advisors will be able to help you with the process and let you know if you qualify for any exemptions or help with bankruptcy fees.

I hope this helps but if you’ve got any more questions please don’t hesitate to let us know.

Jen

CORNWALL wrote: »

Can we delay repossession until June 2016.
June 2015 is the last month of the first 12 months of Bankruptcy.
We were hoping to stay in our house until June 2016 which is when the interest-only mortgage term ends and we would have had to repay the mortgage capital. We can't because we are now bankrupt.
The Bankruptcy Trustee has written to say that after July 2015 they can apply to court to repossess.
We were hoping to stay here until June 2016 and then find rented accommodation.
Is there any way we can ask for repossession to be delayed until June 2016 ?
Would be very grateful for comments. Thank you.

Hi Cornwall,

Thanks for posting and apologies for the delay in replying.

I think the mortgage company are the best people to speak to about this. Whether they're willing to come to an arrangement will depend on what you're able to offer them in terms of monthly payments.

The other factor is whether the trustee is interested in any equity in the property. I'm completely in the dark about your situation but may be worth checking in with your trustee to make sure you know what they're thinking about the property.

Kind regards

James