Another 'bankruptcy, help!' thread...

[appoline]

Ok, I am 95% convinced that bankruptcy is the best solution for me, having looked into many options etc. on line.

The whole thing makes me quite queasy (not so much the 'being a bankrupt' thing but the worry leading up to it) and I have a few questions if anyone can help.

 

My basic situation is I am 32, single and living in rented accomodation. I have been claiming JSA and housing benefit for six months now since my redundancy (with no pay off) and do not have a hope of getting a job soon.

 

1. I understand I can get the £150 court fee waived due to being on benefits, but on the form online about it you have to put the case number and things on it, so in what order do I do things?

Do I submit the bankruptcy forms first and then take the EX- thingy form when I go to court?

 

2. I understand there are trusts etc. for helping people with the cost of bankruptcy but they all appear to be different power/ water companies who will only help you if you are a client of theirs- I am not a current client of any of them as where I live now, the bills are in my landlord's name (the power and utilities are on one unit for the whole house, I rent the basement and when the bills come I just get given a copy and told my share to pay) is there anywhere else I can apply to?

Also at what stage of the proceedings does this fee have to be paid, at court/ after/ basically can I get the ball rolling now and then finish up when I have the money for the payment?

 

3. It says on the forms that they may advise my landlord, do they usually do this as my landlord is not that understanding (he told me I had to leave when he found out I'd lost my job and was on benefits, since retracted, but if he finds out about the bankruptcy I can see another scene and me possibly having to find a new place... I know I will appear in the papers but I think it unlikely he will see that)

 

4. This may sound ridiculous but I am not totally sure of what I owe, or to whom- I moved house last year and still owe some debts at my old house but have not told them I moved as I left in a panic when I lost my job and had to get somewhere cheaper and had no way of paying them...

Should I just list the debts that I know I owe, and what happens if after the bankruptcy is done, some other prior debt pops up?

 

5. Is it mandatory to have to show evidence of seeking independent advice before filing, or is my own research online enough? If not, does the CAB count as advising?

 

6. For what reasons could it be denyed?

 

7. I understand that my bank account will be frozen- I have no debt to that bank it's just a cash card account, but I need access to it as my JSA and housing benefit gets paid into it, should I just open one of the new accounts for bankrupts and change the details, or is there a way to get the bank not to freeze it?

 

8. The form asked for details of my previous employer, will they contact them? I am trying to keep this from them too.

 

I'm sure I will think of more questions, but any advice is appreciated.

Edited January 18, 2010 by appoline
Stressed and not concentrating!

[palomino]

Ok, I am 95% convinced that bankruptcy is the best solution for me, having looked into many options etc. on line.

The whole thing makes me quite queasy (not so much the 'being a bankrupt' thing but the worry leading up to it) and I have a few questions if anyone can help.

 

My basic situation is I am 32, single and living in rented accomodation. I have been claiming JSA and housing benefit for six months now since my redundancy (with no pay off) and do not have a hope of getting a job soon.

 

1. I understand I can get the £150 court fee waived due to being on benefits, but on the form online about it you have to put the case number and things on it, so in what order do I do things?

Do I submit the bankruptcy forms first and then take the EX- thingy form when I go to court?

I would ring up your local County Court and ask them. Court officials tend to be quite helpful (and non-judgmental) about procedural matters.

To support you EX160 claim you will need a notification of your grounds for being able to claim which are not less than 30 days old at the time of the BR hearing. You should prepare to get copies of the appropriate document or notification - Jobcentre etc. are able to oblige very easily.

2. I understand there are trusts etc. for helping people with the cost of bankruptcy but they all appear to be different power/ water companies who will only help you if you are a client of theirs- I am not a current client of any of them as where I live now, the bills are in my landlord's name (the power and utilities are on one unit for the whole house, I rent the basement and when the bills come I just get given a copy and told my share to pay) is there anywhere else I can apply to?

Also at what stage of the proceedings does this fee have to be paid, at court/ after/ basically can I get the ball rolling now and then finish up when I have the money for the payment?

There are a few others - I recall seeing a post about the Duffryn Trust (?)

but don't know any other details.

You have to pay the court fee (or claim for expenses) as well as the OR's fee in cash immediately prior to the BR hearing.

 

3. It says on the forms that they may advise my landlord, do they usually do this as my landlord is not that understanding (he told me I had to leave when he found out I'd lost my job and was on benefits, since retracted, but if he finds out about the bankruptcy I can see another scene and me possibly having to find a new place... I know I will appear in the papers but I think it unlikely he will see that)

These days the notification is pretty casual. It is unlikely your landlord will be notified (although it might happen in your case) but your name doesn't appear in the papers any more.

 

4. This may sound ridiculous but I am not totally sure of what I owe, or to whom- I moved house last year and still owe some debts at my old house but have not told them I moved as I left in a panic when I lost my job and had to get somewhere cheaper and had no way of paying them...

Should I just list the debts that I know I owe, and what happens if after the bankruptcy is done, some other prior debt pops up?

You will need to get this sorted out for the Official Receiver. Some work for you I'm afraid.

You will remain liable for any debts you don't declare.

5. Is it mandatory to have to show evidence of seeking independent advice before filing, or is my own research online enough? If not, does the CAB count as advising?

Yes - have you been to CAB or rung National Debtline? After a single (albeit lengthy) call to the latter I was sent the appropriate letter.

 

6. For what reasons could it be denyed?

Your not have taken advice. Not actually owing any money(!).

Don't know of any other reasons.

 

7. I understand that my bank account will be frozen- I have no debt to that bank it's just a cash card account, but I need access to it as my JSA and housing benefit gets paid into it, should I just open one of the new accounts for bankrupts and change the details, or is there a way to get the bank not to freeze it?

It isn't up to you it is up to the Official Receiver. You will need to discuss the matter with him, and it is normal for him to allow you to have a basic bank account. There are several other threads on here about such accounts.

 

8. The form asked for details of my previous employer, will they contact them? I am trying to keep this from them too.

Possibly. The OR will want details of your wages so a complete set of wages slips could be sufficient.

 

I'm sure I will think of more questions, but any advice is appreciated.

One small

[appoline]

Thanks very much for that, it's so much more straightforwards when you know how it goes!