sorry forgot to answer your other question. The first call is usually just to make contact with you, let you know who ther are and who will be handling your case, It is also an opportunity to deal with any matters that are urgent and cant wait for later. The usually als jus find out about if you have any disabilities or language problems etc anything that they need to take into account when the are handling your case

Hi Shel, i am an ex examiner at the Insolvency Service and so know the ropes pretty well. What you need to understand is that the forms are court papers and so anything that you deliberatly leave off is in fact perjury which is a criminal offence with a maximum penalty of 2 years in prison so not a good idea to pick and choose what info you put down, the forms ask for all debts, all assets and all cards so that pretty much covers any type of card or account you may have so there is no reason not to put everything down. I realise that was not what you were suggesting (another poster was) but just wanted to clear that up. Feel free to ask me anything you need to

I would offer one word of warning though, Bankruptcy is only worth persuing if the person has the means to pay you, if they dont then it wont do any good, (as the saying goes you cant get blood out of a stone), that is the calculation that you need to make, is it a can't pay or a wont pay? for instance if they have no assets but does have surplus income on a reular basis it may be better persuing something like an attachment of earnings order.

This is a little more complicated, Personal injury is a proveable debt so you can make them bankrupt and can get a share of any assets recovered. PLUS the debt is not discharged by the bankruptcy, this is in your favour because if you dont get paid in full, it means that you can still ask the court to allow you to continue to chase the debt despite the bankruptcy. explained in the below extract from the IS technical manual A liability of a bankrupt to pay damages to a third party in respect of a personal injury claim is a provable debt in bankruptcy and the bankrupt is not released from this debt upon discharge. However, if not dealt with within the judgment for damages itself, the court would need to decide whether to allow the debt to be pursued by the creditor post discharge. It is for the creditor rather than the official receiver to approach the court in this regard

no you ask Where do they get there figures from and the IS quite clearly say where they get their figures from, im not sure how you dont understand where they get there figures from, they even post it on their website for people like you to read it. Could it be that you understand quite clearly where they get their figures from and that you simply dont agree with it, or are you saying that they are not getting their figures from the HES as they say they are. I believe that the bankrupt should engage in calm and effective discussions with the OR to make sure that all reasonable costs are accounted for. As you can see from the above quote that is what the IS thinks as well. You always seem to go at it like a bull in a china store Wintry. also when you say the ones that i have seen, is that in an official capacity, ones on here at CAG or just others in general. I have a question for you. Do you believe that the bankrupt should make every effort to pay into the bankruptcy every penny that they do not require to live a reasonable lifestyle

I should add that the OR is nearly always happy to provide a copy of their calculations if requested to do so, it is an agreement after all. The OR is also quite happy to take the matter to court too if they think the bankrupt is taking the ****

it has made me wonder what set of expenditure figures they are based on You ask the above the question and then you answer it In these circumstances it may be necessary for the official receiver/trustee to refer to average expenditure figures (such as those provided in the Household Expenditure Survey (HES) see also paragraph 31.7.26) in order to calculate the realistic outgoings required to meet the reasonable domestic needs of the bankrupt and his/her family So what are you actually asking, you seem to have answered your own question

Its interesting that you only pick up on 1 point of bankruptcy (the fresh start) there are 2 others one is that a full investigation into your affairs can be conducted secondly is that as much money is recovered to pay the fees and creditors whilst providing enough to the bankrupt to cover reasonable expenses, no more than that The OR has to balance those competing interests wheras the bankrupt only realy thinks about one of them

HMRC dont bluff, if they say they are going to make you bankrupt then they probably will, I know it seems odd that they would make you bankrupt for a relativly small amount of money but it is how they make sure that other people do pay because they take serious action, HMRC are probably the entity that makes most people bankrupt in the UK

You have no right to have the CCJ marked satisfied but the creditor can do it if they wish to. You could have applied for an interim order at the time (whether a judge would have though that protecting your credit score was a good enough reason would have been down to them) Technically you did not file (petition) for bankruptcy 99 days in advance, you petitioned on the day in court. The only thing i can add is that the effects of bankruptcy are meant to be long lasting and substantial and is each creditors own choice what products they give you, If you appy to The court now for some sort of rectification they will probably tell you that the the orders were correct at the time they were given and to naff off and stop wasting the courts time that could be used in processing other peoples bankruptcy claims quicker

Did you go bankrupt, if so what do you care about the CCY for, it willdrop off at the same time as your bankruptcy, i cant see how your situation is any worse with the CCJ

The charging order will stay on the property until sold or repossessed, as simple as that Tonycee, as of December 2010 the IS have removed the £1 equity buy back scheme, they will now leave it 2 years 3 months before daling with the property if it is negative equity

What sort of business do you have

be carefull, lowell will make you bankrupt for a small amount unlike many other DCA's, they are already at the final stage of petitioning and they dont usually back down

This is the first i have heard of them, what else did they offer apart from DMP or IVA, do they keep client funds in protected accounts

of course if you get the bankruptcy in before any charging order then the unsecured part will just be written off and cannot be claimed against the house, A key part here is how much is the House worth against only the secured part

Possibly to your first question if she has contributed to the household Yes to your second question, it is possible depending on equity in the property

Often they simply serve the notice as a way of concluding the account, IE you have broken the terms by going bankrupt, If they are just telling you that you have defaulted then that is ok, If they are just saying that the full amount is due then that is ok to as the whole amount is now due and it helps them put a claim in the bankruptcy. Where it gets to not be ok is if they start demanding payment

nothing is going help the mortgage lender make up their mind better than a big wad of cash as a deposit, its amazing how the bigger the deposit the less the bankruptcy seems to matter. I have known people to get mortgages within 2 years of the bankruptcy because a new partner/family member/ lottery win has helped them out with a large deposit. ( they will probably still try an sting you with a higher interest rate of course though, they have to make some money out of your situation, dont they)

no they are not in anyway saying the old system was flawed, the rules change every year, sometimes small things sometimes large things, sometimes they affect you sometimes they dont (and you probably dont even hear about those ones). The system changes to match whatever the political mood is at that time, sometimes it benefits the bankrupts sometimes it makes the rules tighter. The fact is that you have to abide by whatever the rules were on your bankruptcy date. I have already told you where you need to start and that is by getting a copy of what the trustee's charges were, it seems to me that you dont actually want to do anything, you just want to bitch and moan and have everyone agree with you. I do want to ask you one question, the debt was for tax, you make a big point of saying you had the mone in the bank and it was all a huge mistake, my question therefore is, how long was it from when the tax year ended and the money became owed and when you were made bankrupt, why didnt you just pay them?

why give up, there are plenty of things you could be doing in the meantime to improve your situation, have you cleaned up your credit file, made sure everything is in order so everything drops of in the shortest possible time, Perhaps use a cedit builder credit card (making sure to pay it off each month) so you have something to replace the bad marks with some good ones whe the bankruptcy falls of your credit file. If you going to buy a house in the future your going to need a deposit, the bigger the better, so get saving, Its practically impossible for lite of people with good credit ratings to get credit at the moment, all you can do it make sure your in the best position when the whole financial system improves

sorry that is not possible, it will be 6 years from bankruptcy date

BTW, the creditors choose who is appointed as IP. As i keep saying you are not going to get anywhere by complaining about things that they are allowed to do, it is clear that you do not understand the system. You can only challange if they have done something wrong (which is what you need to find out), it does not matter one jot if you agree with the system or not, you are just wasting your energy and our time. I would suggest that if you really do have a valid complaint that you ask the trustee for a breakdown of their costs and that you seek some proffesional advice from a solicitor as to whether they are within the law or not

If you actually read my post, you will see that i was saying that you do have every right to challange the fees, all you need to do is apply to court, yu just have to make sure that you are applying on grounds where you might win not just on the fact that the amount is alot, you will never win just saying that

yes interesting, but all that really needs to happen is for them to take a little more consideration of someones circumstances, something which the OR already does (but trustees need to do more), for instance when you go bankrupt one of the first things that the OR will ask you in the first phone call is "do youhave any disabilities or special circumstances should take into account", what it does not mean is that they wont make you bankrupt, just that they have to make sure that they give you extra time or help in replying to debt requests for example