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hi

 

to explain simply:

i have 2 mortgages

1 for my home that is slightly in negative equity and is interest only

1 for another house that is 20K negative equity with current prices. this house is rented for £500 per month, but mortgage payments at interest only is £800 per month

 

i have 50k of unsecured debts in a dmp

 

2nd house is costing me 3500 - 4000 per year in cost and insurances, etc without considering upkeep.

 

have spoken to Insolvancy pract about goign bankrupt, he tells that if i go bankrupt the following applies:

95% certain i can keep my house as i am up to date with payments

i will lose the 2nd house (which i don't have a problem with as the cost is killing us)

all other debt will be gone

can keep cars (need for work, and neither car is worth more than £750)

 

will be bankrupt for 12 months max, during that time the following will happen

from our salaries we deduct priority debts (mortgage, coucil tax, utils, csa,etc)

then we get allowances based on circumstances, etc

then what is left each month is classed as disposable income, of this we split this with the official receiver (likey 50% for us, 50% for bankrptcy pot)

 

at end of 12 months don't pay anything further

 

sorry this is very simplistic, and by no means am i taking this lightly, but the IP has told me this and i have no way of knowing if what he says is true ?

 

can anybody comment on above and advise if the principle of what he says makes sense ?

 

 

thanks for any help

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It makes perfect sense. The only thing i can question is the IPA could be as high as 70% of your disposable income, and could last for 3 years, although you could be discharged in 12 months.

 

Each case is decided on its own merits.

 

This makes for good reading.

 

What is bankruptcy

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  • 2 weeks later...

Hi there

 

With you running at a loss on both properties (Both in negative equity, and the other rental payment not covering expenses), bankruptcy would be a good option for you to consider. As debtinfo has said, if you do get asked to pay into an income payment order this can go on for a further 3 years however your discharge will still technically be after 12 months. It is good of them to say that you can keep a percentage of your property, however, another option would be to hand the keys back in bankruptcy, and get the negative equity included in your bankruptcy. I know this will mean you have nowhere to live, but you could consider renting until everything sorted? With regards to the 2nd property, as above, you are running at a loss anyway, so would just need to speak to the tenants in that property so they can sort different living accomodation.

Good luck, and I would be interested to hear how you have got on

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Off the topic, but just wanted to say thank you. On a few occasions people have suggested I should start a blog and to be honest I didnt have a clue what that meant. Well I know now and have joined, best wishes everything goes okay for you xx

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Hi

 

Yes the IP was correct in what he told you. The income payments agreement will take between 50% and 70% of your disposable income each month for 3 years.

 

For clarification you can ring the insolvency enquiry line, its part of the gov. www.insolvency.gov.uk.

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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Are you going bankrupt and what country do you live in

 

Yes i am going bankrupt, and i live in England. The blog listed on here has all the details.

 

thanks

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yes they are charging me.

 

i am sending all the stuff to the IP so that they can deal with things. i've had 2 years of being nagged and harassed by credtors, it's woth the money to make them go away.

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You know that you can quite easily fill in the forms yourself at no cost. You can even log on the insolvency service website and fill them in online with all the guidance notes

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