Bankruptcy Petition

[Goldlady]

Talk to the solicitor. OK it is all going to add to your costs, but yes they can make statements in your defence. The more ammunition you can come up with the better.

[roystc]

Nice one I just hope someone listens I'm just terrified of going Bankrupt I've never had bad credit:-/ Just hoping she comes up with a trump card of being solvent but my solicitor doesn't think it matters he's asked councel? everyone on here thinks it matters?

[roystc]

But wont they go after me for preferance Docman and Gingerheid said it looks like the only way out is them disclosing what she owed at that time. Cant see them doing it so just hope she can force it out of the creditors but their all saying sorry we dont have this information we sold the debt on and she said they become proper nasty with her.

[Goldlady]

I think that if you can get it reheard in court you can ask the court to order disclosure from the OR regarding her affairs. Don't know what the others think but that's what I would do.

[roystc]

Can Beechcroft demand I go Bankrupt at the Bankruptcy hearing even if I'm willing to pay in instalments?

[Docman]

Hi roy

 

Just a thought, but when your ex went bankrupt, she should have filled in WHEN the debts were incurrerd. That should show if she owed anything more than 2 years prior to her bankruptcy. If the Statement of Affairs does not show any old debts, so that she couldn't have been insolvent at the relevant date. Remember that the definition of insolvency here excludes the amount transferred to you ie she has to show that she was solvent even if she ignored £27,500 equity in her house.

[roystc]

I have a copy off my solicitor the same as she filled in and it just shows what she defaulted for? She has rang these companies up to find out but they are saying they cant give them to her the debt was bought by Maxx Recovery in Leeds she has wrote to these and they have said it could take up to 14 weeks;-/ Have applied today to have the judgement put aside which also asks if that fails can I make payments of £200 a month as a priority creditor. Its all new to me not sure what will happen just think its crazy:-)

[Gingerheid]

Can Beechcroft demand I go Bankrupt at the Bankruptcy hearing even if I'm willing to pay in instalments?

 

Yes, Beechcrofy can have you made bankrupt if you aren't keeping to to the terms of the CCJ, which said you should pay them the full amount immediately.

[roystc]

Can I mail you what I've signed today to put to get the CCJ aside. If you mail me at [email protected] I'll send it you

[roystc]

Its crazy I can swear on my mothers life I was lead to believe that if I accepted I could pay in instalments. I hope it gets put aside then cos I know this team of solicitors are out to make me bankrupt. My solicitor has said all along so maybe he aint that bad after all.

[roystc]

I was that ill in hospital you wouldn't believe cant really blame my solicitor even now I cant remember what I watched on TV the night before. No excuse for this I know just bad luck:-(

[Gingerheid]

The application looks as good as you could hope for. Fingers crossed.

[roystc]

Thanks for taking the time to look will see if it buy's me some time to get them to accept payments.

[Goldlady]

Agree - go with it and the very best of luck;)

[roystc]

To prove the ex was solvent I have to prove she was solvent is that cash and assets? What can be classed as assets? Car, Jewelry? or is it just cash.

[Gingerheid]

Cash value of everything she owned less liabilities.

 

But you wouldn't really be able to include things that would be excluded from a bankruptcy, like furniture etc.

[roystc]

Car, jewelry, and anything of any value? She had to be solvent then the car was £2500 and she was a jewelry freak. Just need the statements off these creditors:-/ My solicitor says it doesn't matter if she was solvent or not is he wrong??

[Gingerheid]

It all depends how much she owed at that time, and... ehm... what happened to the jewellery? Did she declare it in her bankruptcy? If not, then they're not going to believe it existed unless they can have it, otherwise it all sounds a bit too convenient.

 

The legislation has been posted before.

[roystc]

Will ask her about the jewelry but the car they can check up on at that period surely

[roystc]

Hi, I have spoke to my solicitor and they still have not decided if the CCJ will be put to one side or changed yet :-/ On the matter of the ex being solvent my solicitor does not think it matters because it was less than 2 years when she declared herself bankrupt. It was actually 22 months later does this make a difference to the fact that she could've been solvent?

[Docman]

Hi, I have spoke to my solicitor and they still have not decided if the CCJ will be put to one side or changed yet :-/ On the matter of the ex being solvent my solicitor does not think it matters because it was less than 2 years when she declared herself bankrupt. It was actually 22 months later does this make a difference to the fact that she could've been solvent?

 

Roystc

 

I think the period is two years starting with the date of the bankruptcy petition and working back. If she filed for her own bankruptcy, the date of the bankruptcy order and petition are usually the same. If she filed for her own bakruptcy less than 2 years ago, then you will probably lose.

[Goldlady]

From business debtline advice about bankruptcy:

 

You may be considered to have a beneficial interest in your property even if you are not named on the mortgage, i.e. it is in your partner’s name. Phone us for advice.

 

So if they can use that to infer a beneficial interest in a property to pull it into the bankruptcy then equally in my opinion it can work the opposite way.