Bankruptcy advice and questions

[geministar2007]

i am petitioning my own bankruptcy. NOT being made bankrupt. Does that make a difference?

[geministar2007]

friends of mine who also made themselves BR did not see the judge either.

[Trilby274]

Ah, sorry. Then I think no need for the judge to see you.

[geministar2007]

no problem.. i think thats the gist i get from others. If you are being made bankrupt by creditors then the judge sees you. If you are petitioning your own the clerk takes paperwork too him and he stamps it.

[Wintry]

Hi geministar.

 

The clerk will check your forms after first asking if you have had the relevent / proper advice and then put them in front of the District Judge who then looks them over.

 

As long as they are fully completed, your circumtances explained and it is a straight forward consumer bankruptcy 'so to speak' then the Judge will not normally ask to see you. Having said this there are no guarantees as in my opinion some judges pick out a very small percentage of cases at random to see anyway.

 

Some examples of when a judge may ask to see you are -

 

* if your overall debts are relatively small in terms of bankruptcy say under £6000 to check / explore that you understand what you are doing.

 

* explore if other options may be more suitable and that they have been explained to you.

 

* housing issues if you are a homeowner to make sure you are aware of and understand any possible implications

 

If the judge does ask to see you there is no need to worry as they are polite, extremely professional and have your interests at heart with the crux of the story here being get proper advice and make sure your forms are fully completed and you will be ok.

 

Good luck.

[saintly_1]

20 threads merged

 

 

I have renamed the thread any more questions that you have please post on this thread.

 

thanks saint

[geministar2007]

hi saintly. Sorry yes i did have a lot of threads. Thanks for putting all together.

[palomino]

Actually it appears the procedure varies from court to court. From the posts above the petitioner does not appear before a judge. In my local court the petitioner does.

[geministar2007]

does anyone know where in the local paper your BR is listed and also what info the listing will contain?

[palomino]

It will be in the public notices.

Your entry (probably one of several in a long advert) will contain your name, address, occupation and date of BR. There might be several addresses if you have moved in the last couple of years. If you have been a sole trader then it will have the 'trading as' bit as well.

[Darkness falls]

Can I ask where these public notices are published?

 

This may seem a daft question, but how can you find out if one of your creditors has petitioned for your bankruptcy or if you have already been made bankrupt? I'm not sure if either of those are even possible, but I ask as I live overseas and I have no idea what my creditors are up to.

Edited January 11, 2009 by Darkness falls

[pompeyfaith]

I know they are publised in the local paper to the court.

[Darkness falls]

It would appear that there is an online search available here for individuals already made bankrupt:- Individual Insolvency Register - Home

 

I'd still be interested to know if it's possible to check if someone is being petitioned for bankruptcy though.

 

Interesting what you say pompeyfaith about being published in the local newspaper, I can't honestly say that I have ever noticed any!

[pompeyfaith]

Well I'm going by my local newspaper for the Portsmouth area Bankruptcy's are listed in there on a Thursday

[phat256]

your anme is also published in the London Gazette for ever and for everyone to see.. u can even access it on line

[geministar2007]

how do you mean forever? Do you mean until you are discharged?

[phat256]

ni i mean for ever even after your discharges every person wanted to they will be able to see your name into the London gazette inmemorial... your grand son, grand grand son/daughter etc... will be able to see it that u have been BR xxx of 200x at XYZ county court .

[geministar2007]

has anyone manage to open a basic barclays account? When you owe money to them before you went bankrupt. Also what is the deal with the Post Office can you pay direct debits or anything?

I opened a basic co op account however i would still feel better opening an account with a branch i can actually go into if i ever need to. Co op is 50 miles from me!

[phat256]

have you tried barclays cashcard account ? as an undischarged Br there is only 2 bank accepting undioscharged Br the co-op and Barclays.

 

i am with barclays and i have no problem so far ..finger crossed that it continues this way lol

[geministar2007]

i will have to give barcalys a go, i havent yet merely because i owe them money about 1thou. And thought that they may refuse me because of that.

 

You can't do it online or on the phone, i don't think so will have to go into the branch.

[geministar2007]

Does everyone that goes BR have a nil tax code?

 

The way the offical receiver spoke to me it sounded like this would not apply to me.

 

She said as i'm not due back at work till mid feb and the nil code would only apply until the beginning of the new tax year, there would seem little point. My surplus was 55 a month and the tax i was paying varied but was an average of £40 odd a month. Perhaps she was getting at the fact that if i had a nil tax code the OR would receive a total of around £60-£70, for a 6 week period.

 

Does this mean i will have the same tax code when i return to work?

 

Anyone shed any light on this? Or has experienced the same thing when going Br at the end of the tax year.

 

Thanks again

[geministar2007]

bumping thread

[geministar2007]

bumping previous question. Any advice would be highly appreciated.