Son about to bankrupt

crosspost to uk.legal

x-no-archive: yes

hold on, YOUR son is getting a b.p. notice, and YOU are going on holiday?? something not quite right here, nethinks.

as living at the same address you must have known about this (unless he hid the letters / didnt say anything about this, until too late maybe..), yet you still wasted money on a holiday, when it could have helped him out of the mess.

ianal. but would strongly suggest you cancel holiday, any any refund goes to him, asap

DO IT NOW! (parents, eh?)

side issue- i'm glad i've got parental control on my tv. it stops THEM getting to see MY, ahem, late night research... surely not how the designers intended... ol

Their son is 22. He's grown up. He makes his own mistakes. He pays for them.

x-no-archive: yes X-no-archive: yes

everyone happy now?!

i was suggesting that the parents, even though not legally responsible for their son's debt, they could have done more to help. after a;;, they ar estill (so far?!) letting him live there, so they must gave some concern / interest in his wellbeing..?

the case must had gone thru a lot of hurdles, to get this far. buggering off to wherever, just when he needs your support most, is, imn my opinion, not being good parents. at any age!

ny side point re parental control has been taken the wrong way- some tv setups have pc, so the parents can control their kids or other viewers from getting stuff they shouldnt see - esp.the shopping channels! MY view was it let ME control whay my PARENTS saw!!

Your son is not yet a declared bankrupt.

It sounds like the next stage may well be a call from the bailiffs to seize his property. Sounds to me, and usual caveat applies IANAL, that the risk you have is that the bailiffs turn up, son tells them that your original Constable paintings and your wife's 24 carat jewellery are all his, and bailiffs seize said property.

I suggest you tell your son to absent himself from your house whilst you're away.

Rgds

__ Richard Buttrey Grappenhall, Cheshire, UK __________________________

Just my ill fortune to tumble across the inevitable NG idiot on my first visit here. I happen to be going about 60 miles to stay with friends and my son has already been baled out once.

Rob

No it was better the first time. x-no-archive: yes (I don't think the case matters) as the first line of the body works as well (or as bad) as a genuine header, pace Dan Holdsworth.

Some parents will help out their children. Some won't. If he's got to the stage of bankruptcy without learning what he can do for himself, then is it wrong for the parents to let him make the mistakes and possibly learn from them? If parents pay the debt, could he pay them back? If so, why could he not make that arrangement to whoever wants to make him bankrupt? Seems like most companies would prefer to have regular low payments rather than bankruptcy.

Martin <

Let me ask you something; if you were in the situation of being £9,000 in debt and unable to pay it back would be happy for your parents to cancel all their plans to bail you out? Every parent should help their kids out but theres a point where the child needs to pay for their own mistakes.

It is far too easy to declare yourself bankrupt to wipe off business and personal debts and the younger generation are becoming wise to this.

Just wish it was as easy for us parents, the only problem is the house and the guilt of failure, both sadly lacking in the younger generations.

Chris

As you told it, the story doesn't quite make sense, although I suspect that's a terminology thing. Bear in mind that I'm not a lawyer, and that I am not offering definitive legal advice.

First let us know what the document says, and then we can offer coherent help.

--> When you say 'a court decree' what are you referring to?

Do you mean a County Court Judgment? That's usually what debt cases like this result in. Does it say 'General Form of Judgment or Order' at the top, or does it say 'Statutory Demand'? Is it from the bailiffs?

--> When you say 'the 14 day order' what are you referring to?

What does this say? If it is really a bankruptcy petition, it will say so. Other possibilities include an order changing a hearing date, or the notification of the County Court Judgment. The latter will normally present a date for payment, after which the creditor is free to take enforcement action. The time limit on a Statutory Demand is 21 days, not 14, as far as I know.

I would advise that your son sees the Citizens Advice Bureau or a free debt counsellor as a matter of urgency. Most solicitors will offer a certain amount of advice for free, typically about 30 minutes.

If the latest papers seem to be saying that someone will be visiting your son, I strongly advise you to cancel or postpone your holiday plans. Be at home so that you can deal immediately with the visitor. I advise this not out of any concern for your son, but out of a wish for you to be able to avoid problems with your home.

Yes and it would also be nice if the 'younger generation' spent a little effort using the keyboard properly so that their contributions (if they do contribute at all) could be read comfortably. They also lack the humility to apologise when they get their criticisms wrong - but that is youth through and through.

Rob

Everyone is reacting as if going bankrupt is the end of the world! For many people it is an easy way of wiping the financial slate clean. In fact, after three years he can just take out another loan, buy lots of great stuff to keep and then go bankupt again. Easy peasy.

If he's got to the stage of bankruptcy without learning what he can do for himself how can assistance from anyone help him to learn anything?

Court Decree is a Scottish thing.

It the the equivalent of a judgement in England.

My limited experience of bailiffs from a bankrupt relative suggests they won't care too much what the son says and will take what they can get; but maybe they have a bailiff's charter these days?

There are rules about what they _must_ leave behind (somewhere to sleep, for everyone that lives in the house, for example) but they're pretty minimal.

"Sam Nelson" wrote

Surely taking property not owned by the bankrupt (but owned by others living in same property), would leave the bailiffs open to charge for theft?

There's an easily-read article at

which suggests that a `kill them all, let god sort them out' approach tends to be taken: if they take stuff belonging to a third party, said third party gets to apply for the return thereof.