bankruptcy court hearing, what happens?

[Wintry]

Hi Aussie.

 

Easy to say it is a simple process from a diistance (or refer to I/S leaflets) -

 

In the real world it is sometimes not as easy and straightforward maybe -

 

If your interview is to be conducted over the telephone it is a good idea to have a copy of your bankruptcy petition available as basicallly the examiner wiill be asking you questions relating to this.

 

Just take your time and answer honestly and you should be ok.

 

The O/R usually ring you dead on the stated time so be prepared / relax and maybe have a cup of tea by your side.

 

Remember they are only people with arms and legs like me and you.

 

If you are not sure about anything or have any concerns then it might be wise to go back to the CAB, they are an independent / reassuring face to face agency and are usually very experienced in dealing with the O/R's office.

Edited November 28, 2010 by Wintry

[Wintry]

Hi

 

Following on from the above -

 

A little take on the examiners interview (the possible structure and the type of questions that may / might be asked)

 

Think it may go a little like this -

 

 

Introduction, he / she will introduce themselves and what role they will play in dealing with the case.

 

Confirmation of personal details ie name / address / date of birth / Nat Ins no / place of birth / other as stated per forms 6.27 & 6.28.

 

 

Statements confirmed & questions (similar to maybe) asked section by section relating to the 6.28 form -

 

Section 3 - Assets

 

Do you have a private pension? If yes, please confirm the name of the company?

Do you own a car or have a financial responsibility for a car? (whether in your name or on finance)

If yes, can you confirm the make, model and registration of the car, when it was bought, how much it cost?

What sort of journeys do you require the car for?

Does your partner have a car?

 

Section 4 - List of Unsecured Creditors

 

What was the loan for?

Credit card debts......

Approximately when did you take it out?

Was there a period of time when you was using the card more frequently - if so, when and why?

What sort of things were you using the card to pay for?

What level of repayments was you making?

When did they stop?

Is the card in your sole name?

What is the limit on the card?

(same questions repeated for all credit cards maybe)

 

Section 6 - Employment & Income

 

Clarification of employment

What was / is your average take home pay?

Do you receive any other income / Allowances / benefits / tax credits?

Clarification of partners / others contribution to household income

You state that the total household income is £xxxx per month, could you confirm this is still the case?

 

Section 7 - Outgoings

 

Are the amounts stated the amounts you yourself pay or contribute to, or are they the total figures payable by the household?

How much money is the monthly rent? How much do you pay yourself?

What proportion of the household outgoings do you contribute to?

You state a figure of £xx for insurance. What sort of insurance is this, car, house, life?

 

Section 8 - Property

 

How long have you lived at your present address?

 

Section 11

 

At what point do you consider you began to struggle to sustain your credit payments and stay on top of your domestic commitments?

What factor or factors caused your financial problems to worsen?

You state that you first began struggling in June 20XX - what is the significance of that date? What changed at that point?

Have you taken any formal advice, and if so, from whom and when?

At what point did you consider bankruptcy as an option?

When did you decide to pursue bankruptcy?

 

 

After the sections have been covered there may be other miscellaneous & supplemental questions depending on circumstances and responses.

 

Confirmation, information on what happens (or might happen) next, ie formal report to credtors, how to deal with creditors who continue to contact, how long the bankruptcy will last, discharge, what to do in the case of a change in circumstances, IPO's & IPA's.

 

The above is just a very loose guide only and should not in any way be taken as fact, if in any doubt, always take proper independent advice.

 

Maybe there are people on here who can elaborate or speak from their experiences in a way that may prepare, reassure and help others.

 

Anything that can take the stress and worry out of bankruptcy and help the whole process run smoothly for all concerned has to be a good thing in my opinion

 

Anyway I hope it helps a little.

Edited December 1, 2010 by Wintry

[Aussiechick]

Hi All

 

Would just like to update you all on how it's all gone and hopefully others who are about to go through it or considering it will benefit.

 

I went to the court on Friday, my local court is from the outside a real dive I have to say and you really wouldn't expect that this is where this big life changing event for you is going to happen. Anyway I went to reception and told them who I was and after a short wait a lady came and went through my paperwork with me, firstly to check if I was able to have the court fee's waived. I hadn't realised that I would need 3mths worth of bank statements to be even considered for it and hadn't got those with me so had to pay the full amount £600. Fortunately I'd gone prepared for that and was able to pay it, however I am going to try and claim that back with the appropriate paperwork. She asked me a couple of questions to confirm I hadn't got any interests overseas and my address etc. I swore on the bible (which I wasn't aware I would have to do but it was fine) that the information I'd given was the truth. Then I was told to go to another waiting room and the usher would take me through shortly.

 

I waited for approx 15min and was taken into the court room. The judge was sat at a big high desk but modern design not an 'old bailey' type. There were approx 6 other desks paired up through the room and each had water jugs and a mircrophone. Slightly startling but not scary. The judge looked completely like a bank manager and was fairly friendly. He checked my name and asked me 'I guess you want me to make you bankrupt?' I said yes and he said 'well maybe want isn't quite the right word'. He again just checked a few details as to whether I had entered any voluntary arrangements with my creditors, had I been bankrupt before and also mentioned that I had a small pention and a car and that although he couldn't say for certain he didn't think that the Official Reciever (O.R) would be interested in either of them. He was very thorough in making sure I understood what this decision would mean and that I had taken appropriate advice. He signed/filled out a form and said that he declared me bankrupt. I then went back to the first waiting area where I was asked to give a contact number for the O.R to reach me, signed another form and that I should expect a phone call by midday on the following Monday and should make myself available at that time.

 

It was all really very painless and the longest bit was waiting around in between seeing people. I couldn't believe how simple and straight forward it was.

 

On Monday I stayed home from work for the morning waiting for a phone call. However by midday I hadn't recieved one and in the letter I had been given at the court it said if I hadn't heard anything to give the O.R a ring. So I did, however my case hadn't come through yet and hadn't been assigned to anyone and so I needed to just wait for a call. I couldn't just stay home from work though so I went into work and afterwards received a message from a gentleman at the O.R appologising for missing me and could I give him a ring. I phoned him the following day and we arranged for me to ring him again later on the same day. I did and again he was a very nice man who asked me if I would be able to talk then, I could and we were able to complete the interview in approx 15min. He queried a few things with me such as my previous employment, any consolidation of debts I'd made or remortgaging. Also asked about my car and did I need it for work and would I like to keep it, it's old and worth little. He said they wouldn't be persuing my pension as it was too small. He also asked if I felt I could contribute to the bankruptcy and when I said I didn't he said that was fine but they would review it again in a few months. He said I should expect a pack with some forms to sign in the post and that I probably wouldn't hear from them again for some time.

 

Needless to say the relief I felt after all this was immense and I do feel so much like a weight has been lifted. I cannot believe how simple and straightforward it was and whilst I really do appreciate all the support and assurances I've received off people including those on this forum I really wouldn't have thought it would go so smoothly.

 

I have obviously got 12mths till my discharge and I won't feel completely sorted until that comes through but for the first time in a long time I feel as though I might actually have my life back. I hope that this helps anyone going through this and thanks again to all those who have advised, a really helpful forum and thread.

[Zen74]

I have my appointment tomorrow and have been worrying terribly but after reading this thread i am slightly relieved.I will still worry wont be able to help that as have never had any reason to be in any sort of court and for my sins The Jury has been on telly this week lol once again thanks for people who contribute to this thread it has certainly calmed me

Thanks

[soap22]

Hi All, i dont know how long i have been at reading all the threads on here but i must say it has certainly put my mind at ease with all the positve reports. Im going through bankruptcy & ive just got my date for court which is Fri 13th Jan 2012, (very nice date to go) ha. I have been going through the mill with worry as i am just a little bit unsure of the process after the courts declare you bankrupt i.e do you have to keep paying towards anything afterwards, does your bank account get seized & how long does it take for the court to discharge you from bankruptcy? Is there anyone that could just try put my mind at ease with any info for me on my questions? I applied for a CashPlus master card just because it has a credit builder scheme that helps slightly towards getting my credit back up & running.