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Hello to everyone - this is my first post (I have posted this on another forum also, but got no replies).

 

Unfortunately I'm now facing bankruptcy for the second time (discharged in 2002) - I still can't quite believe it. I've been maintaining all my payments but failed to appreciate my tax burden as it became due this January (I've not been well, with severe depression) and the £8500 I now owe the HMRC (with an additional £3k due in July) AND the fact that I lost my work contract in January so that I don't have a regular income (I'm self employed), is tipping me over the edge into bankruptcy.

 

Having been through it before I really don't want to go BR again, but it looks like I'll have no choice as I don't have anything to offer the HMRC and I know that they won't hang about. The only potential asset that I have is beneficial interest in my partner's foreign property and I wondered if anyone on this board who understood the way the OR might look at my case could advise me (I realise that it is a complicated area).

 

Basically my partner bought the house with the proceeds of the sale of her own house in 2007 (she'd owned the house for about 5-6 years I think). I had been living with her for 2 years prior to that and I've worked out that my 'potential' share of the gain in the equity of that UK house was about £12k. However, my partner gave me £10k immediately after the sale (for partial settlement of the debt I had then) with a further £4000 a little later so that I could buy a car and also to continue servicing my debt. I didn't live in the French house full time but came back to the UK for occasional work. The house needed renovating but most of the costs of that were paid by my partner - although I think there'll likely be some expenses that I paid for show up on my accounts (less than 2K I think).

 

It's a bit of a sorry mess as she became pregnant again in 2008 and ran out of money so the house is currently unfinished, uninhabitable and barely saleable (current value? I don't know, about €70k IF someone was dumb enough to buy it as it is). We came back to the UK in late 2008 and then my problems really began! (lack of work, living costs, 2 children, mental health issues etc).

 

Anyway, sorry to take up so much space but it's hard to explain the background otherwise. Basically I'd like some insight into how the OR might look at this case with regard to establishing whether or not I have a beneficial interest, what that interest might be calculated as being, and how they would proceed (the house is not saleable and it's not mine - it's my girlfriend's name on the deeds and she bought it outright with her own money). Obviously I don't want my prospective bankruptcy to disadvantage her. As far as I'm concerned it's not mine, but I realise that what I think is irrelevant and it's down to how the OR can administer the case. I also realise that they'll likely pay more attention to my case as I've been BR before.

 

I'm grateful for any advice/insight anyone might have. Thanks.

 

[PS - current total debt liability is about £25k - £8.5k HMRC; £9k/2K Co-op bank/credit card; £5k MBNA - I don't have a reliable enough income at present to say what, if any surplus I might have to pay the HMRC - but it's certainly not enough!]

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From the facts presented I woulod say you do not have a BI in the property and even if the OR thought different the figures are so small it really wouldn't be worth their time or effort chasing it or seeking some sort of paymentf for it

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Thanks for the reply. I think you are probably right, but you can never be sure. However, how do you think the OR would react to us going to live in the property whilst BR? Circumstances might leave us no choice - do you think they could then argue that I'm gaining further interest whilst living there before discharge?

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