Court appointment looming, queries

[Lucy76]

Hi, nervous newbie here!

 

I've just phoned the court and booked an appointment to declare bankruptcy in two weeks' time, forms are filled in and ready to go. Heart jumping out of my mouth now that it's all in motion.

 

Just a couple of queries -

Are you expected to turn up really early for the appointment, do they have to spend a lot of time prior going through information with you? I can only get there about 30 mins before, is that enough time?

 

Is it the norm to have 3 copies of everything, is that enough?

 

Do you usually see the judge (or have him agree to the bankruptcy without you being in the same room) there and then, or do you need to go back another day for this?

 

I will most likely phone the court back to check but just wanted to know if there is a set procedure for all courts.

[sequenci]

Getting there 30 mins prior is perfect.

Three copies is all you need

Check with the courts as sometimes you'll see the judge on the same day, sometimes uou'll be invited back another time - It depends on the court.

 

Hope this helps!

[sequenci]

Oh, and a very warm welcome to CAG

[Lucy76]

Thankyou, it's my daughter's first day back at school so I can't get there any earlier after dropping her off and it may take slightly longer than usual to settle her in.

 

What kind of advice are you expected to have sought prior to going to court and filing for bankruptcy? I haven't been in touch with CAB, but last year I contacted 3 IVA companies, also did a CCCS debt remedy as well as my own research. After entering an IVA (I could have gone bankrupt but as I had a decent surplus I was able to make IVA payments) I was then made redundant and went on an IVA payment break. From this point I continued with my own research, got a new job (much lower pay), had advice from my IVA company (who were great throughout), did another CCCS debt remedy, all of which pointed to bankruptcy. Is that enough for the judge to go on? To be fair I am a very thorough person and research and analyse everything to the nth degree so I often feel I can make a decision without going to CAB or whoever. It's just whether they think all that is acceptable or not?

[sequenci]

That sounds pretty thorough to me to be honest!

[abc123def]

Check with the court how many copies of the forms you need. My CAB advisor told me I needed 3 copies so I printed that many at great expense and then discovered my court only asks for one copy!

[Wintry]

Hi, nervous newbie here!

 

I've just phoned the court and booked an appointment to declare bankruptcy in two weeks' time, forms are filled in and ready to go. Heart jumping out of my mouth now that it's all in motion.

 

Just a couple of queries -

Are you expected to turn up really early for the appointment, do they have to spend a lot of time prior going through information with you? I can only get there about 30 mins before, is that enough time?

 

Is it the norm to have 3 copies of everything, is that enough?

 

Do you usually see the judge (or have him agree to the bankruptcy without you being in the same room) there and then, or do you need to go back another day for this?

 

I will most likely phone the court back to check but just wanted to know if there is a set procedure for all courts.

 

Hi

 

As others have said, get there early

 

You will be asked to swear on oath (if applicable)

 

The court staff will check through your B/R forms and the EX160 court fee exemption form / proof of income if applicable.

 

The court staff will likely ask and the District Judge will expect you to have taken proper advice and that the forms are filled in correctly.

 

From what you have put it does appear that you have taken proper advice and that you understand the bankrupty procedure but only you can decide that and you will be the one that signs the B/R forms at the end of the day (you do not have to go to the CAB to get advice on bankruptcy other agencies, Insolvency Practitioners will do, its your choice really)

 

You will need the right amount of money in cash and if you have been in an IVA as appears to be the case here it is very likely that you will need the IVA Failure / Termination certificate or a copy of (some courts will ask if it is a failed IVA when you ring them for a bankruptcy appointment / hearing)

 

If the forms are filled in correctly then it will probably take the court staff 20 to 30 minutes to check through your forms, they will then take them in front of a District Judge when one is available who will look over them and if OK will adjudge you bankrupt (there can be a fair bit of waiting around at bankruptcy hearings on occasions so might be a good idea to prepare yourself for that)

 

If you have made an official appointment then you usually will be adjudged bankrupt on that day, the judge may not ask to see you and in my experience probably will not unless he or she has any issues with your forms or there are assets etc. If the judge does ask to see you then do not worry as they are always polite and will have your best interests at heart if any questions are asked.

 

After you have been adjudged bankrupt, the Official Receiver may contact you while at court or soon after to ask a few basic questions before writing to you with regard to an interview.

 

As far as the court procedure, number of B/R papers copies, IVA Termination Certificate / situation are concerned then always best to contact the actual court and ask to be sure.

 

Below is a link to a CAB bankruptcy guide that you might find useful

 

http://www.mymoney.nedcab.org.uk/moneyadvice/bankruptcy.asp

 

Come back and let us know how you go on or if you have any further questions as I am quite sure there are people who can help.

 

Hope it all goes OK