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Old 11th July 2007, 16:47   #41 (permalink)
42man
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Default Re: Bankruptcy Order !!!

Just wanted to say thanks again to all of you, I have just made a small Paypal contribution to this site, as it is (at this stage) the least I can do.....your support is overwhelming....
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Old 11th July 2007, 16:52   #42 (permalink)
tomterm8
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Default Re: Bankruptcy Order !!!

Quote:
Originally Posted by 42man View Post
Just wanted to say thanks again to all of you, I have just made a small Paypal contribution to this site, as it is (at this stage) the least I can do.....your support is overwhelming....
You shouldn't make any donations until you can afford to do so... and at the moment, you are bankrupt:o wait until next month, when you are solvent again
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Old 11th July 2007, 16:59   #43 (permalink)
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Default Re: Bankruptcy Order !!!

42man, you don't need to answer this, but what is your financial situation generally?

Don't know if you have read this but it might be useful Bankruptcy - Can my bankruptcy be cancelled?
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Old 11th July 2007, 17:08   #44 (permalink)
42man
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Default Re: Bankruptcy Order !!!

Thanks for that Goldlady....I had already had a look, just phoned up the Official Reciever to confirm that I will also be applying to annul the advertisement that appears in the Gazette....I just hope I have time, it seems crazy that I have to go through all this without even knowing I was being taken to court in the first place.....they are going to call me back to let me know the situation...
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Old 11th July 2007, 17:24   #45 (permalink)
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Default Re: Bankruptcy Order !!!

If this all falls through, does anybody have any first hand experience of dealing with these sell your home and rent back companies ??
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Old 11th July 2007, 17:26   #46 (permalink)
tomterm8
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Default Re: Bankruptcy Order !!!

Once it's got to the bankruptcy stage, you CAN'T sell your home without the OR's permission.
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Old 11th July 2007, 17:26   #47 (permalink)
42man
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Default Re: Bankruptcy Order !!!

Sorry Goldlady, I missed your question....things are tight but my earnings are gradually going up....managing to pay all the bills just about ok at the moment....my 2 girls are not getting hungry...
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Old 11th July 2007, 17:26   #48 (permalink)
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Default Re: Bankruptcy Order !!!

ok thanks for that Tom....do you feel in your wisdom that it could be an option they may be able to grant ?
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Old 11th July 2007, 17:31   #49 (permalink)
tomterm8
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Default Re: Bankruptcy Order !!!

Nope. They have a legal duty to realise the most money for the asset they can, and such schemes don't do it.

The most likely action, if your other half is employed, is that they will offer him/her the opportunity to take on the morgage, and pay a small charge + your beneficial interest for it.

It's far from certain the OR will repossess your home... certainly, while you have dependant children, it is unlikely that a court would allow them on public policy grounds unless their is a substantial amount of equity.
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Old 11th July 2007, 17:32   #50 (permalink)
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Default Re: Bankruptcy Order !!!

She is a full time mum (but is looking to go back to work in September when our littlest starts school) so it's probably out of the question at the moment...
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Old 11th July 2007, 17:34   #51 (permalink)
Saffronflowers
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Default Re: Bankruptcy Order !!!

42M, I am sorry that I have no knowledge whatsoever on these matters, but I just wanted to voice my support to yourself. Please post whenever you need to both good and bad, I for one promise to support you through this and I know there are also many others that are here for you in this traumatic time.

SFx
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Old 11th July 2007, 17:40   #52 (permalink)
tomterm8
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Default Re: Bankruptcy Order !!!

Quote:
Originally Posted by 42man View Post
She is a full time mum (but is looking to go back to work in September when our littlest starts school) so it's probably out of the question at the moment...
It normally takes a substantial amount of time for the OR to look at this... there are no guarantees, but it's likely to take more than 6 months before he/she even really looks at it...

Have you called the OR yet, and made sure that he/she has sent you a copy of the bankruptcy handbook?

Also, have you contacted him/her and talked about bank accounts yet? Your bank accounts are about to be suspended*... I would suggest going to the other forum, and asking about the practical things you should be doing immediatly. One of those is to start the process of opening a basic bank account today if possible.

* now that you know about the bankruptcy, it is not legal to withdraw substantial amounts of money from them.
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Last edited by tomterm8; 11th July 2007 at 17:47.
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Old 11th July 2007, 17:41   #53 (permalink)
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Default Re: Bankruptcy Order !!!

42man, I have considered bankruptcy for the past 18 months but so far have kept it at bay. How much equity is there in your house? How much are your total debts? Tom is right that they won't evict you - in some cases it is 12 months in others it is when youngest child is 16 but who wants to be paying a mortgage all that time just for the OR to take your house off you in the future? You should be able to find out how much this judgment is for if you contact the county court - my thought being that if it is not for a massive amount you might be able to resolve it with the creditor, assuming that you are too late to launch a counterclaim for unlawful charges. Chances are that if it has been dormant for years there will be lots of them.
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Old 11th July 2007, 17:42   #54 (permalink)
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Default Re: Bankruptcy Order !!!

Quote:
Originally Posted by 42man View Post
If this all falls through, does anybody have any first hand experience of dealing with these sell your home and rent back companies ??
i personally haven't but alot of my clients have and the general consensus is that it is a bad idea.
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Old 11th July 2007, 17:50   #55 (permalink)