Re: I need to go bankrupt, but I have worries (UK)

Hi group,

> >Not sure if there's any UK people here who can help ease my worries - >citizens advice and the national debt helpline are too under-staffed >to answer my calls it seems.

Go down to your local CAB *in person*. Many solicitors will give a certain amount of advice (typically half an hour or so), either at some kind of "clinic" or over the phone, so try that as well.

In general, the primary piece of advice in this situation is to negotiate with your creditors for breathing space. Most will do this, as it helps them get their money back, while they lose most if not all of it if you go bankrupt.

Whatever you do, though, get legal advice as soon as possible, or sooner if you can arrange it.

Here's my situation: > >I'm around 50-60k in debt. > >I don't own a home - I live with my parents. > >I have unsecured loans worth around 40k > >I have credit cards maxxed worth 6-8k > >I have an overdraft in debt of 2.6k on my current account > >I have car finance, which my mother is guarantae. This is currently a >£100/month fee which I *can make* and obviously this is my main >concern as my mother would have to shell out over £1.6k in the event I >can't make these payments. This cannot happen.

Of course it can. Since you are contemplating bankruptcy, you should be aware that the finance company will cause trouble (putting it politely) for your mother as guarantor of the loan. She should get legal advice as well because of this.

I'm self employed and my business has gone under. I have no *real* >income - just bits and bobs that I make now and then which would cover >the car finance only. > >I've cancelled all my direct debits and I aren't paying anyone at the >moment except my car finance for obvious reasons. > >My outgoings would be £900 *without* living expenses. > >I need to go bankrupt, but I can't leave my mother to pay for the car >- I'd like to continue paying this particular payment.

You should be careful about this - you have in effect created a "favoured" creditor, and that might get you some degree of trouble if you do declare bankruptcy.

Can you spare the money for the fees to declare bankruptcy? The court fee is £150 for a debtor's petition, and the Official Receiver's deposit is over £300.

I'd like to know the repecusions of actually going bankrupt except for >the fact I can't be a director of a LTD company, it maybe publically >announced in the paper, I get black-listed, etc.. none of that bothers >me BUT I do have a great worry of..... will there be any legal >repecusions? May I have to goto jail for instance?

There are some specific reasons why the Official Receiver might bring a criminal prosecution against you, mostly to do with concealing assets. Be aware that the OR can also prosecute someone who helps you to conceal assets, so don't let your parents talk you into letting them claim that your things actually belong to them.

In general, unless the OR suspects you of concealment, the most you will get is a Bankruptcy Restriction Order (BRO). This is a court order that imposes the same restrictions on the bankrupt after discharge that he had before, with a couple of added extras, and can last anywhere from two to fifteen years. BROs are made in cases where the bankrupt has materially contributed to his bankruptcy, in a "culpable" manner, or where he has, for example, gone on a spree just before declaring bankruptcy, or where the bankrupt failed to keep his books properly (which applies mainly to sole traders).

I see women on TV who spend 50k on handbags and clothes, go bankrupt >and NOTHING like jail or anything was given... and since my debts are >mainly due to business failure/mis-management as a sole trader, do you >think I'd get away with no jail time?

It does depend on the nature of the mis-management, but I wouldn't worry about going to gaol.

I don't mind them taking all my stuff, I have very little. I have >clothes, TV/Video/DVD player and this laptop which is *essential* >really as I'm using it to start a new business after I go bankrupt. > >Please could anyone shed any light on my 'punishment' that the courts >are most likely to give?

Most likely, you will get the standard bankruptcy restrictions, possibly extended after your discharge because of a BRO.

The restrictions again:

  • The bankrupt may not obtain credit of more than £500 without informing the would-be creditor of his status. Breaking this restriction is a criminal offence. The definition of "obtaining credit" is broad, and includes taking money in advance for providing goods and services.
  • The bankrupt may not carry on business under a different name than the one under which he was made bankrupt. Breaking this restriction is a criminal offence.
  • The bankrupt may not "being concerned (directly or indirectly) in promoting, forming or managing a limited company, or acting as a company director, without the court's permission, whether formally appointed as a director or not." Breaking this restriction is a criminal offence.

  • The bankrupt may not hold some public offices - MP in England and Wales, local councillor, school governor, member of the National Health Service Litigation Authority.

  • The bankrupt may not be a trustee for a charity or pension fund.

Some of these might not be very important to you, but the first two are the ones you probably need to worry about.

Also bear in mind that you will probably lose your bank accounts, credit cards, overdraft facilities, and so on if you go bankrupt. It's normally possible to open a "basic bank account" with no overdraft facility while you are an undischarged bankrupt.

To sum it up, get legal advice. There may be avenues open to you besides going bankrupt. You may be surprised by what you can arrange.

Reply to
SteveR
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There is an excellent forum for debt issues here - - TMF dealing With Debt board.

Many of the people have been there, done that, & got the T-shirt, so the advice is from people who have a detailed knowledge of the subject. Post on there - they'll know.

Good walk through exercise here

More links on my webpage

Best of luck

Daytona

Reply to
Daytona

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