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Posted: Wed Mar 14, 2007 7:47 pm
by coco
hi can someone please explain to me what to expect on the day in court i have read so many sites but never really feel that i have completely understood.
What fees do i need to pay etc.
What if they reject my BR i physically cannot contiue with the IVA payments, to top it all the pressure has finaly ended my marriage so even if they reject the BR i could not meet the payments of the IVA.
I just wish everything was now finished with it had gone on for a whole year now.
Thanks
51 payments to go
(I apologise for my keyboards poor spelling and grammar)
http://coco.blogs.iva.co.uk
Posted: Wed Mar 14, 2007 8:10 pm
by neverending
Coco
Really sorry to hear about your marriage and hope that bankruptcy will give you a fresh start in life.
I cannot answer your question as I have not been through what you are going through however another forum member should be able to advise you.
Alternatively you could post the question on the sister site
www.bankruptcyhelp.org.uk
Good luck to you
Posted: Wed Mar 14, 2007 9:37 pm
by MelanieGiles
Hi Coco
I am sorry you are having such a hard time at the moment, and am sure that things will get better for you in time.
Each Court has its own set of internal rules - some will expect you to see a judge personally, others are all dealt with by the bankruptcy staff. The fees are now £490 with effect from 1 April 2007, but you can get a discount if you are on benefits. Some Courts do like to see these fees paid in cash, so do check with your local Court for their own policy.
District Judge's very rarely refuse to make Bankruptcy Orders - and generally only if they feel that you are trying to avoid paying debts which you can continue to afford. It is extremely unlikely given your circumstances that an Order will be refused.
Once the Bankruptcy Order has been make you will have a telephone interview with the Official Receiver who is automatically appointed to act as your Trustee. They will generally just want to go through your application form to establish your current financial situation, and assess whether it is in order for you to make monthly payments under an Income Payments Agreement. Also the nature of any assets will be discussed.
I suggest that you call the bankruptcy clerk at your local County Court for more specific advice, and do let us know how you get on.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
For further details contact me at
http://www.melaniegiles.com and view my IVA blog at:
http://melaniegiles.blogs.iva.co.uk
Posted: Wed Mar 14, 2007 9:44 pm
by scaredkez
coco i am so so sorry to hear about your marriage breakdown, this is the last thing you need right now.
in regards to the day at court it only takes a matter of minutes and its not like standing in a packed courtroom, you are in a small room with the judge no caps no gowns, some don;t even see you the clerk takes your papers in and they grant it and then they come out and let you know.
don;t worry about it you have done everything possible and i cannot see them rejecting your petitiion, you take care of yourself thinking of you
kerri
Please view my blog at:
http://scaredkez.blogs.iva.co.uk/
Posted: Wed Mar 14, 2007 10:11 pm
by freelili
Oh Coco
I am so sorry, you have tried so hard to give as much as you can to your creditors therefore there should not be a problem with granting BR. This is a scary time I know, I really feel for you. I hope that you will find some peace soon.
So sorry about the toll on your marriage, I really am, we are all here for you.
Take care babe
Love
LILY
I asked God for a solution and have to live with his reply.
Posted: Thu Mar 15, 2007 10:23 am
by Skippy
Oh Coco, I am so sorry to hear about your marriage. As Lily says we are all here for you.
I do not think for one minute that the judge will refuse your BR, although I must admit that I have worried about that myself. The way I am looking at it is that I have been in an IVA which has failed, so there is no other option and the judge will see that, and it will be the same for you.
Good luck, you will get through this xxx
Onwards and upwards!!!
View my blog at:
http://skippy13.blogs.iva.co.uk/
Posted: Fri Mar 16, 2007 10:14 am
by coco
Hi everyone,
On the day i petition my BR i am concerned about my bank account, as i already have a basic account with Barclays will they freeze this all my wages and DD go in and out of this account and i will be due to be paid 2 days after i petition.
Thanks
51 payments to go
(I apologise for my keyboards poor spelling and grammar)
http://coco.blogs.iva.co.uk
Posted: Fri Mar 16, 2007 10:51 am
by hellybelly
I think if you explain to Barclays beforehand, there shouldn't be a problem if it's a basic account anyway, if it's got no credit facilities.
But ask the judge anyway, you need to have money to live.
Can you not open another one after you are declared bankrupt, just in case?
Maybe with the co-op?
Posted: Fri Mar 16, 2007 10:53 am
by Skippy
Hi Coco, I have spoken to my company and they have said that if necessary they will hold back my salary and give me a cash advance until my new bank account is up and running. Do your DD's go out soon after you get paid? Most of mine should have cleared by the time I petition - could you have them and your salary paid into a family member's bank account?
Onwards and upwards!!!
View my blog at:
http://skippy13.blogs.iva.co.uk/
Posted: Fri Mar 16, 2007 1:25 pm
by freelili
Hello Coco
If you empty your account just before BR so that you dont lose any money. Then on the day of BR the OR tells you (by phone usually) that you can now open a bank account. Go and see Barclays and reopen your acount as they do accept undischarged bankrupts. There is every chance that the OR will not be interested in the account as its basic. Dont worry it will be fine. On the other hand you could speak to barclays beforehand and they will know what to advise. All still here for you take care
Love
LILY
I asked God for a solution and have to live with his reply.