Can someone talk me through bankruptcy ?

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Paul.32

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Post by Paul.32 » Wed Jan 19, 2011 11:56 am
Hi! After an hour long chat with my IP, it was agreed that bankruptcy would be the best optionafter exhausting all other avenues. I am worried that my employers will have to know (why?) and that they will send in the bailiffs to take all my stuff - scare stories I have heard. Can someone talk me through the process of bankruptcy from getting the forms from the county court please? My stomach is churning just like it did before I entered into an IVA!
 
 

Andrew Bowers

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Post by Andrew Bowers » Wed Jan 19, 2011 11:59 am
Hi Paul

Give me a call. I'm happy to go through this with you.

Regards
Andrew Bowers
Licensed Insolvency Practitioner
Regards
Andrew Bowers
Licensed Insolvency Practitoner

To have me propose an IVA for you, visit http://www.insolvency-practitioner.org.uk
 
 

kallis3

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Post by kallis3 » Wed Jan 19, 2011 12:03 pm
Hi Paul,

The only way your employers would know about bankruptcy is that you would get a nil tax code for 12 months and you would then be responsible for paying the tax to the OR.

However, the closer to the end of the tax year you get, the less likely it is that you would get this. In that case your employers wouldn't need to know.

Bailiffs will not come in to take your property at all.

You fill the forms in, make an appointment at your local county court and go along with £600. The BR will be agreed and you walk away debt free. You then just have a telephone interview with the Official Receiver who will sort out whether you need to pay anything across to your BR.

If you are already in an IVA then you need to let this fail first and get a letter of termination before you go for bankruptcy.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

liamjames

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Post by liamjames » Wed Jan 19, 2011 12:14 pm
kallis3 wrote:

If you are already in an IVA then you need to let this fail first and get a letter of termination before you go for bankruptcy.
I believe that this depends on the court - we have had instances where a client has made themselves bankrupt before their IVA has been terminated.

Best of luck, and please don't hesitate to ask any more questions. There is a sister forum to this one dedicated to bankruptcy, and you may find a lot of support there too. http://www.bankruptcyhelp.org.uk/
Take care,

Liam James
Varden Nuttall
http://www.vardennuttall.co.uk

Read our reviews here: http://www.iva.com/iva_companies/Varden_Nuttall.asp
 
 

kallis3

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Post by kallis3 » Wed Jan 19, 2011 12:15 pm
I think that the majority of times they do need proof that your IVA has failed, but sometimes your IP can provide that information before the 3 months missed payments are up.

This does usually allow petitioners to get some money together towards the fees.

Wonder if they will be going up again this year?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jan 19, 2011 12:16 pm
Surely your own IP is best placed to provide this advice, as experts posting on this forum are not allowed to offer their services to posters directly.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

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Post by kallis3 » Wed Jan 19, 2011 12:23 pm
Sorry Andrew, Mel is correct.

You cannot offer your services to posters directly. Paul needs to speak to his IP.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Andrew Bowers

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Post by Andrew Bowers » Wed Jan 19, 2011 12:26 pm
Apologies. Not a problem. I know now. Consider my hand slapped. No harm done.
Regards
Andrew Bowers
Licensed Insolvency Practitoner

To have me propose an IVA for you, visit http://www.insolvency-practitioner.org.uk
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jan 19, 2011 12:27 pm
I've lost count of the times I have had a virtual slap Andrew!!
Last edited by MelanieGiles on Wed Jan 19, 2011 12:28 pm, edited 1 time in total.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

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Post by kallis3 » Wed Jan 19, 2011 12:29 pm
No problem!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Wed Jan 19, 2011 12:32 pm
As usual I have to agree with Melanie. If your IVA is failing and nothing can be done to save that your IP should be helping you with basic questions. Jan has explained that what you fear is not reality and it is a shame that your IP could not have put your mind at ease.

Finally, if your IVA has failed and there are no ways to go on or settle,ask your IP to bankrupt you and save yourself the fee. Creditors may not agree but it is worth a try.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

kallis3

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Post by kallis3 » Wed Jan 19, 2011 12:36 pm
Good advice from Michael - definitely worth a try!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

liamjames

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Post by liamjames » Wed Jan 19, 2011 1:04 pm
Good call Michael. I've found that HMRC are often happy to use funds to pay for bankruptcy, and depending on the dividend already paid we've also had some success with others.

It is quite uncommon, but worth a shot if you would otherwise struggle to pay the court fees.
Take care,

Liam James
Varden Nuttall
http://www.vardennuttall.co.uk

Read our reviews here: http://www.iva.com/iva_companies/Varden_Nuttall.asp
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