Forms for Court

[abc123def]

I've almost finished completing the Bankruptcy forms to take to court. I'd read somewhere that you need three copies, one they file at court, one they send to the OR and one they give back to you but today the lady from CAB who helped me with the forms (and she certainly seemed to know her way around them, she obviously does this a lot!) says you only need the one form when you go to court.

 

I know I needed three copies of everything when I went to court to get Divorced and I saw the muddle and difficulties of people who didn't know that there, trying to get photocopies etc. so when I go to court next week I want to be prepared and have all I need with me.

 

So, do I need three copies of my bankruptcy form for court or just the one?

 

Thanks in advance.

[Wintry]

I've almost finished completing the Bankruptcy forms to take to court. I'd read somewhere that you need three copies, one they file at court, one they send to the OR and one they give back to you but today the lady from CAB who helped me with the forms (and she certainly seemed to know her way around them, she obviously does this a lot!) says you only need the one form when you go to court.

 

I know I needed three copies of everything when I went to court to get Divorced and I saw the muddle and difficulties of people who didn't know that there, trying to get photocopies etc. so when I go to court next week I want to be prepared and have all I need with me.

 

So, do I need three copies of my bankruptcy form for court or just the one?

 

Thanks in advance.

 

Hi

 

This can sometimes depend on the actual court, some require copies others may take copies of your original.

 

The CAB advisers usually know their local courts procedures however the only way to be sure is to check with the court in question yourself as they do sometimes change (especially with the cut backs and that - save paper etc:)

 

Definitely make sure as it will avoid any unecessary mither

 

Best wishes

[abc123def]

Thanks. It's not the CAB lady's local court I'm going to as she is County wide but she has been to my local court with clients before I think as she said my court uses an appointment system whereas hers do Bankruptcy on a turn up first come first served basis so she seems to know both. I do struggle with telephones due to disability but will try to phone the court and find out, just so I know.

[Wintry]

Thanks. It's not the CAB lady's local court I'm going to as she is County wide but she has been to my local court with clients before I think as she said my court uses an appointment system whereas hers do Bankruptcy on a turn up first come first served basis so she seems to know both. I do struggle with telephones due to disability but will try to phone the court and find out, just so I know.

 

Hi

 

Definitely best to check it all out with the court to be certain - times, appointments & copies of forms etc

 

Have you anyone to help you contacting the court? (appreciate you may want to keep this confidential) have you booked a hearing date yet?

[abc123def]

Yes the CAB office have made me an appointment so I have a date and time to attend with my forms. Scary now. The scariest part is the possibility of losing my car, as it would hugely impact my life on a daily basis due to disability plus one day when I am well enough I want to work and the car is essential for that. It's not cut and dried but the CAB lady says she hopes they will let me keep it. It's only a banger (£800 on paper but in terrible condition so in reality less) but I will never have the money to buy another and not having a car will leave me more or less housebound. But not being in work atm they may say I don't need it. Still, bankruptcy is my only real option so it has to be done.

[Stigman]

The scariest part is the possibility of losing my car, as it would hugely impact my life on a daily basis due to disability plus one day when I am well enough I want to work and the car is essential for that. It's not cut and dried but the CAB lady says she hopes they will let me keep it. It's only a banger (£800 on paper but in terrible condition so in reality less)

 

If your car is worth £800 maximum, then you can be pretty sure to keep it, especially as you are disabled and need it for mobility.

 

The recovery, storage, transportation & auction costs would be far more than what the car is worth in total.

 

Also, if you struggle with telephones, have you informed the CAB lady that is helping you, as she might also have to liaise with the Official Receiver on your behalf during the telephone interview if one is requested.

 

Overall, do not feel scared and look forward to a new beginning.

 

Stigman

[Wintry]

Yes the CAB office have made me an appointment so I have a date and time to attend with my forms. Scary now. The scariest part is the possibility of losing my car, as it would hugely impact my life on a daily basis due to disability plus one day when I am well enough I want to work and the car is essential for that. It's not cut and dried but the CAB lady says she hopes they will let me keep it. It's only a banger (£800 on paper but in terrible condition so in reality less) but I will never have the money to buy another and not having a car will leave me more or less housebound. But not being in work atm they may say I don't need it. Still, bankruptcy is my only real option so it has to be done.

 

Hi

 

I agree with Stigman

 

If you do eventually have any issues with the O/R or examiner over the car or anything else for that matter, they can be and have been succesfully challenged before, depending on circumstances of course (they are not the law:))

 

Speak to the CAB and keep us informed on here if you can as I am quite sure there are people who should be able to guide and support you all through the B/R procedure if need be.

Edited May 18, 2012 by Wintry

[abc123def]

Another form question, well sort of. I've spent today writing page 30, the statement or explanation of how I got in this mess and how my debts incurred. Do I have to be specific about each overdraft, credit card or loan? Or does it suffice to say I fled a DV relationship with nothing, needed to rent and find furnishings and was not eligible for benefits for x amount of months and lived (stupidly) on credit?

[Stigman]

Hi,

 

You do not have to go into each debt, just a reason as to why.

 

Put something like I typed up below for you...

 

 

It is with regret that I find myself in the position of petitioning for Bankruptcy.

 

I have £XXXXXX worth of debt with no ability to pay my creditors as I am now in receipt of benefits due to my ill health.

 

Up until my debts became unmanageable I was *able to meet the minimum payments/I had no existing credit (amend to suit)

 

On xx/xx/xxxx I left my husband through Domestic Violence, I took out the credit with every intention of paying the monies owed back to the original creditors, unfortunately, through disability, I have been unable to find full/part time employment.

 

Something like the above.

 

Stigman

[abc123def]

Thanks, that really helps.

[Stigman]

Thanks, that really helps.

 

Your welcome, please update the thread and let every know how you got on.

 

Stigman

[Wintry]

Hi

 

These may also help.

 

CAB examples of completed bankruptcy forms below..

 

http://mymoney.nedcab.org.uk/moneyadvice/bankruptcy627.asp

 

http://mymoney.nedcab.org.uk/moneyadvice/bankruptcy628.asp

 

http://mymoney.nedcab.org.uk/moneyadvice/bankruptcyex160.asp (court fee remmision if applicable)

 

Full CAB Bankruptcy guide (including example O/R interview / questions etc

 

http://mymoney.nedcab.org.uk/moneyadvice/bankruptcy.asp

[abc123def]

Thanks, the OR questions are much as I'd assumed.

[abc123def]

Another question, not really about forms but will use the same thread. The CAB lady says I am to take some money out of my bank account to live on as the account will be temporarily frozen. She says it won't be frozen long, once they realise it is just an ordinary day to day bank acount for bills etc. (its Co-op cashminder so the right sort). My question is does anyone know approx how long the account will be frozen for? I need to know how much I will need to live on from it (my benefits go in there) and also I guess my bills that go out by DD and SO won't then go out while it is frozen so will I need to contact the utility companies to get them to try again to take the money or make other arrangements? I can't handle phones so actually I might wait to get letters and deal with it that way.

 

Sorry these are really mundane questions, I'm just worried about things.

[Stigman]

Hi,

 

The day after your Bankruptcy, open up a Barclay's Basic Account, they allow people who are in receipt of Bankruptcy, you can transfer all of your DD's and SO's over.

 

Your CO-OP Account will not be frozen until approx. a couple of weeks after your Bankruptcy.

 

You will need to telephone DWP with your new account details.

 

Stigman

[abc123def]

The cashminder account is one I opened especially for the BR recently as it is the most recommended for BR apparently so it is all ready and the one I will use afterwards

[abc123def]

Does anyone know how much cash you are allowed to have and keep when you go bankrupt? Cash as in, in your purse/wallet and in the bank.

[Wintry]

Does anyone know how much cash you are allowed to have and keep when you go bankrupt? Cash as in, in your purse/wallet and in the bank.

 

Hi

 

Have a read here at the O/R Tech manual

 

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part5/introduction.htm

 

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part5/part1/part1.htm

 

Then have a little think about it:)

[abc123def]

Thanks. I've been saving all year for my car's MOT and insurance due this summer, and am sure they will consider that amount to be more than my benefits for the month so more than I need to live on - am worried that'll go and then I will have no car even if they let me keep it - at least if it needs any work doing to it to pass as it has the last 2 years being an old car its likely. At the end of the day I need to do this BR and need to just accept what happens whatever. I'd hoped there might be a set amount like £1000 they let you keep as it is under that. I'm taking it out of the bank as the CAB lady told me to saying I will need money to live on while the account is temporarily frozen, but the OR will see it has been removed and was there and how much it is and it will be declared.

[Wintry]

Thanks. I've been saving all year for my car's MOT and insurance due this summer, and am sure they will consider that amount to be more than my benefits for the month so more than I need to live on - am worried that'll go and then I will have no car even if they let me keep it - at least if it needs any work doing to it to pass as it has the last 2 years being an old car its likely. At the end of the day I need to do this BR and need to just accept what happens whatever. I'd hoped there might be a set amount like £1000 they let you keep as it is under that. I'm taking it out of the bank as the CAB lady told me to saying I will need money to live on while the account is temporarily frozen, but the OR will see it has been removed and was there and how much it is and it will be declared.

 

Hi

 

I think the CAB lady has more or less got it right:)

 

Some good uns in the CAB

[abc123def]

Another question - while my Co-op cashminder bank account is frozen, will it still accept the incoming payments ok? So my benefits and my maintenance payment goes in ok, they won't be bounced back to the sender because the account is frozen? I am assuming it is only frozen wrt outgoing payments and withdrawals.

 

Tuesday is the day btw.

[debtinfo]

Your co-op account is unlikely to be frozen at all, co-op wont freeze it and the OR wont freeze, Now not saying mistakes dont happen as im sure someone will pop up and say mine was frozen but it is very unlikely . As to how much money you can keep on you, there is no set amount, What really matters is what the money is intended for as you are allowed to keep any amount as long as it is for a reasonable immediate domectic use. So is you had a sum of money that you needed to fix your car and it was booked for next week then thats not a problem. If you have a sum of money and no real need to hold onto it then it would be taken away from you. Apart from exceptional items such as (needing to get a car fixed) then the OR would expect you to have an amount suficent to pay all your bills and expenses until your next pay day

[abc123def]

Thanks, in that case that makes things much easier.

[abc123def]

I am becoming increasingly terrified. Last night for an hour or so I was so terrified I didn't think I could go through with it. I've no choice, I know I need to but I am now scared I will freeze and/or find myself unable to speak. When I get as scared as this I can be sick too, only times that has happened was when xh attacked or threatened me mind, so this is different as I'm not under physical threat though his emotional abuse left me as scared as anything physical. I've tried to work out what I am scared about. I'm worried (less scared) that the paperwork won't be right and so it can't proceed but I have had help with those so it ought to be ok and I think I am ok about seeing the Judge. It's the OR thing that terrifies me, I keep thinking s/he will give me a rollercking for something I bought (do they go through your bank statements with a fine toothcombe?) or for my wreckless spending or something. I am already feeling so shameful about having to do this, I'm not sure I could cope with this. I even feel suicidal at times as it seems the only way out. I think not having anyone to go through this with me doesn't help, I'm just so alone.

[Wintry]

I am becoming increasingly terrified. Last night for an hour or so I was so terrified I didn't think I could go through with it. I've no choice, I know I need to but I am now scared I will freeze and/or find myself unable to speak. When I get as scared as this I can be sick too, only times that has happened was when xh attacked or threatened me mind, so this is different as I'm not under physical threat though his emotional abuse left me as scared as anything physical. I've tried to work out what I am scared about. I'm worried (less scared) that the paperwork won't be right and so it can't proceed but I have had help with those so it ought to be ok and I think I am ok about seeing the Judge. It's the OR thing that terrifies me, I keep thinking s/he will give me a rollercking for something I bought (do they go through your bank statements with a fine toothcombe?) or for my wreckless spending or something. I am already feeling so shameful about having to do this, I'm not sure I could cope with this. I even feel suicidal at times as it seems the only way out. I think not having anyone to go through this with me doesn't help, I'm just so alone.

 

Hi

 

In the unlikely event of any issues with the forms, then they can always be rectified.

 

IF the District Judge asks to see you, do not worry, they are polite and will have your interests at heart.

 

The O/R staff are only people like me and you, they should be polite, will have seen it all before, just answer best you can - have a copy of your completed bankruptcy forms 6.27 & 6.28 as thats basically what they will be going through with their questions.

 

Consumer bankruptcies are usually straightforward, nothing to worry about, bank statements and all.

 

Try not to worry, things will turn out OK, keep posting on here if you wish, theres plenty of us who will do our best to help you through this I am quite sure of that.