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HELP! My ex has been declared bankrupt

My husband left me 3 years ago and it resulted in us having to sell the family home at a loss. I found out he has been declared bankrupt and the proceeds from the house (that were intended to raise our daughter) are needed to settle his debts. I have a daughter of 16yrs and we are in our home, but the trustees are now asking for another payout for my ex husband’s share of the house. The deadline for me to answer the trustees is approaching fast. Can you help? I have to pay all the bills by myself and I don’t know what to do.

Although you mentioned that the house sold at a loss, it appears from your letter that there was some profit and we need clarification on this. Let’s assume there was equity, but it undersold compared with the true market value. If there was £30,000 profit, the Trustees in bankruptcy can only pursue his share of the equity i.e. £15,000, but not your share. It appears that, in this case, you were paid the full profit of £30,000 in terms of a marriage settlement and that is why they are chasing you. We understand why the Trustee is pursuing this, but if you point out that the money was received as a result of a court order, it should stymie them. We believe the Trustee is out of order and it might be best if you submitted an Application Notice at your local County Court, where it will be reviewed by a Judge.

Bankruptcy UK offers bankruptcy help for those who might be unfamiliar with the jargon and procedures involved in submitting an application online. We will take care of everything and submit your application to your best advantage.

Court appearances for bankruptcy are no longer required. Feel free to call us on 01425 600129 for an informal chat about your circumstances.

Going Bankrupt

bankruptcy-solicitorGoing Bankrupt 

I have just moved to a new address and am thinking of going bankrupt.

The rule here is that you need to have lived in the jurisdiction of your local County Court ‘for the greater part of six months’ or three months and a day. If you have moved locally and both addresses fall under the jurisdiction of the same County Court it doesn’t matter, but if you have moved 30 miles the chances are you will fall under a different court and the ‘three months and a day’ rule will apply. If you had lived at the new address for 6 weeks you would need to petition for bankruptcy at the previous court.

Ideally you would have been better off going bankrupt from your old address and then moving to a new address. This often helps to get closure on the going bankrupt process. Remember this is a fresh start and new beginning. So careful thought should go into when and where you should consider going bankrupt from.

If you are unsure and would like more information then call us directly and we can run through the process with you. The decision of going bankrupt will be based on your primary instinct as to whether or not you actually think you can get your way out of debt or at least get it to position where it is stabilised and under control.

It is actually quite usual for the majority of people that will have to consider bankruptcy to have started in a debt management plan, then progressed to an IVA and finally a bankruptcy order. Of course its not like this all the time but a lot of people with debt levels under £25k find themselves in this position.

I have lost my bankruptcy discharge letter – how do i get another copy?

The only possibility is to get a copy from the County Court where you went bankrupt. Provided the bankruptcy didn’t take place more than six years ago, it should be possible.

Feel free to call us on 01425 600129 with any other questions or for bankruptcy help. Questions may also be posted on our Home Page. Please note, court appearances are no longer required for bankruptcy as everything is processed online.

How can i get a copy of my bankruptcy discharge?

If you call the County Court where you went bankrupt, they will tell you what they charge to provide a certificate of discharge. Once you have this, it would be best to send copies to the credit reference agencies as they don’t automatically update credit files.

This would be the first step in restoring your credit rating. The next step might include obtaining an ‘impaired credit rating credit card’ (Lumus.co.uk, Capital One) and making / paying small transactions, month after month. Certain broadband providers, such as Virginmedia, also set up contract arrangements on your credit file and record payments made.

Feel free to call us on 01425 600129 or 07479 739139 / 07894 481175 with any further bankruptcy questions or for bankruptcy help.

Official Receiver has lost my bankruptcy file – now what?

I have been bankrupt for ten years as an indefinite restriction applies to me. However, last year i complied with all that was asked of me and expected to have the restriction lifted. Now i have been told that the official receiver has lost my file and has asked me to send them all the information again. This is not possible as I sent them the original copies – what should I do?

In cases where you feel that you are being treated unfairly by the Official Receiver or a Trustee, the best thing is to submit a Form 7.1A Application Notice to the County Court citing section 303 of the Insolvency Act ‘General control of trustee by the court’ which reads: ‘If a bankrupt or any of his creditors or any other person is dissatisfied by any act, omission or decision of a trustee of the bankrupt’s estate, he may apply to the court; and on such an application the court may confirm, reverse or modify any act or decision of the trustee, may give him directions or may make such other order as it thinks fit’. It will go before a Judge who will decide if you have a case. We think you do, so best of luck.

Bankruptcy UK specialises in taking people through the bankruptcy process in a straightforward manner. We will assess your circumstances then submit the bankruptcy application online. Court appearances are no longer required for bankruptcy. Call us for an informal chat on 01425 600129.

I was bankrupt 10 years ago and need my discharge letter for a job – how would I get this?

You need to contact the County Court where the bankruptcy took place and hope they have records dating back over 10 years, which we doubt. We are surprised that the company wants sight of a discharge letter – how on earth did they find out about it, when it would have been removed from your Credit File six years later?

Feel free to call us on 01425 600129 with any other questions or for bankruptcy help. Questions may also be posted on our Home Page. Court appearances are no longer required for bankruptcy as everything is processed online.

What are the bankruptcy fees?

I have been told to pay £350 each for me and my partner to go bankrupt – now they are saying the law has changed and we have to pay £1000 each

Neither of these fees sound right and the latter figure sounds like it includes fees for professional services. There is now one universal fee of £680 per person for bankruptcy and no more fee remissions for low earners, those on benefits or pensioners and is paid at the same time you submit the online application to the Insolvency Service. As from 6th April 2016 the courts are no longer processing bankruptcy applications.

Bankruptcy UK specialises in taking people through the bankruptcy process in a straightforward manner. We will assess your circumstances then submit the bankruptcy application online. Court appearances are no longer required for bankruptcy. Call us for a chat about your circumstances on 01425 600129.

 

 

Bankruptcy UK

Bankruptcy UK