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Posted: Tue Sep 04, 2007 5:03 pm
by fudge34
Hi guys just me again. Am now finally filling in my BR forms and I am a bit confused on the section where it has lists your creditors (statement of affairs debtors petition) it has two elements the secured and unsecured bits. I have listed all my loans / credit cards / overdfraft in the unsecured bit but do I need to list my mortgage in the secured bit? its a bit misleading as it says where creditors have a claim over something eg property - does my mortgage count as this or do I leave this bit blank! THANK YOU

Posted: Tue Sep 04, 2007 5:05 pm
by scaredkez
you have to put your mortgage down in the secured bit.
kerri

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Posted: Tue Sep 04, 2007 5:21 pm
by mikebdomain
As scaredkez states you include your mortgage and anything secured on your home - e.g. second charges, secured loans etc.

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Posted: Tue Sep 04, 2007 7:34 pm
by fudge34
Thanks guys these forms are giving me a headache! I am on the properties disposed bit I sold my flat 2 years ago and brought a house with my husband (joint owned flat) it states the following see below - do I need to fill this in even though I traded up to a house it makes it sound as if I have disposed of assets illegally!

* If you have sold, given away or transferred, in the five years prior to presenting your bankruptcy petition, any properties, owned jointly or solely, you must provide the full details of the transaction.
* The official receiver has a duty to the creditors to report on any and all assets. If you have disposed of any assets (sold, given away, scrapped etc) the official receiver needs to establish that this was not done to the disadvantage of your creditors.

Posted: Tue Sep 04, 2007 9:44 pm
by MelanieGiles
Hi Fudgge

Yes you will need to disclose the diposal, but make sure that you make it clear that all of the equity money was invested in your current property - if of course this is what actually happened.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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