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Hubby's potential Insolvency / bankruptcy


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Hi all, I wanted to post a thread as a time line / story about my hubbys potential insolvency.

We are married and own our own home. We do not have much equity in the house.

The very basic out line is : Hubby is due in court at the end of May 07, as a big bank want to place a charge on our property against a guarantee which he made to them against loans/overdraft on a business account. He has lots of other credit card debts outstanding. (I have a separate thread regarding the charge on the property issue).

We are now contemplating him chosing insolvency.

We are not taking this decision lightly, this is a big scary trip into the unknown.

Tomorrow we go to see an Insolvency Practioner.

Any advice and especially support welcome!

Will keep you posted

Red

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It does look like the official receiver can put a charge on the house just like the bank. I would check out if there is any difference in the interest that may be applied after the event (in your other thread you mentioned that the court could allow the bank to charge interest at a set amount).

 

Good luck at your meeting. Hope it helps you decide the best route.

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The OR has 3 years to dispose of the house, so there may be no equity currently but that might change. However, you can take advantage of a scheme which will allow you to buy his beneficial interest in any equity for the pricely sum of £1 (+ admin costs, i think this is £211). This would safeguard the property. Have a look here:

 

What Will Happen to my Home

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Sequenci, there is a little equity, ie hubbys Beneficial Interst would be around £5k as it stands at present, so I would have to pay more than £1 plus costs, ie £5k plus costs?

Red

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Sequenci, there is a little equity, ie hubbys Beneficial Interst would be around £5k as it stands at present, so I would have to pay more than £1 plus costs, ie £5k plus costs?

Red

 

that's right. you would have to "buy" the beneficial interest equity for the going rate. which is a bit of a pain.

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Sequenci - that's right. you would have to "buy" the beneficial interest equity for the going rate. which is a bit of a pain.

 

Presumably this is all done on current market value with an independant valuation?

Any way I am off in 5 mins to see IP so probably will have more news then

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I am certain that the IP will have set you up with the best advice; they come expensive but they are the experts.

 

(When you say IP you do mean an IP, and not a salesman from an IVA company?)

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Hi Gingerheid, thank you for your mail.

It was an insolvency practioner, and today's consultation was free, will update properly tomorrow. He gave a balanced view, and will be worth the fees, as total debts are around £100k!!

Certainly gave me a few ideas to follow up, but time is of the essence, as the court hearing for the charge on the property is currently scheduled for end of the month (May).

Will post properly tomorrow

Red

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Well, we have had our first meeting with an IP, and I have to say it was incredibly informative, and for our situation we have decided after a lengthy discussion that insolvency and not an IVA is the best course of action. This occured on Friday 27th April 07

Hubby went to a second meeting today Monday 30th April 07, where he was given the paperwork from the IP for filing his BR petition.

Tomorrow we will take the forms back to the IP for checking over, and then hubby will file his petition with the local relevant court, one day this week.

So here starts a time line for our action. I wanted to post this in case any one else was heading down the same path as us, (I am personally not going to be insolvent), or if anyone has also had first hand experience with insolvency.

Thanks for your support

Red

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Glad the meeting went well, and more importantly that you're taking it ok.

 

I'm sure it'll be for the best and the beginning of something better.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Gingerheid, thank you for your kind words and support. I have spent the last two days filling out forms, and Hubby has just left to take his BR petition to the court. Its really happening!

Hopefully as you say, for the best and a second chance so to speak!

thank you

Red

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Good luck from me also. Remember the bankruptcy order will only stay on your hubby's cred ref file for 6 years so it's not totally the end of his life ( unless hes 80 :p ). You do need to be aware that if you have a financial association ( e.g any joint credit applications ) his info will show up if you are credit checked.

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Powell, you make me :D .

Hubby was advised by the IP that he still has 25 years of potential income, oh how the truth can hurt!!!

Yes thank you for the note about the joint credit applications, think I have covered that one ;)

Thank you for your support, Hubby gone to the court today to file the petition.

Will keep you all posted!

Red

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Petition filed today 02/05/07. Not sure what happens next though. Hubby seemed to be under the impression that the court hearing is going to be on the same day as his Lloyds bank charges and the same date that the charge on the property hearing was going to be!

Will post again when I have more info!

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Which hearing is first, and have you also guaranteed the Lloyds debt?

 

If you hope to keep the house these could be quite significant.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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  • 4 weeks later...

Gingerheid, it would seem that I needed to know you a few months ago!:o

Your advice has been spot on. When hubby filed his petition for BR, there was a man there who had just won his court case against Lloyds by saying that had he known that such a company were capable of acting unlawfully that he would never have signed a personal guarantee. Wish we had done the same! Oh well.

I did not sign the guarantee, thank goodness!

So court date is 30th May, this Weds!

The BR will be heard first, and then hopefully the charging order case will therefore be dropped by the court.

Not got many nails left that is for sure!

Red

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Good luck Red.

I wont be far behing your Husband going down the BR route. We are just getting all the paperwork and funds together and then the funds start.

Our advantage if you can call it that, is that we have no assets and only about 35k's worth of debts.

Tip us a wink on my scales if you think I may have helped at all;)

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HI Tau, thank you for your message, I have to be honest and say that since filing for BR, everything has been so quiet and easy! I know that things may get more difficult, but it sounds as though you know that this is the correct way forward for you.

We were lucky that the court date was so quick because the insolvency practioner got involved, and that the hearing is at our locla court. I am sure that having no asssets will be a binus for you. Good luck!

Red

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Hi red

Well at least you know that you are not alone in this situation. Dont know if that helps or not really;) , no I dont mean it. There are loads of other people that are in the same situation or worse, but with the help available here and on some other sites it makes it all the more bearable.

I have now stopped paying any debts as I expect to file within the next two weeks and am just waiting for the phone to ring. Well they cant have what I have not got.

I have worked at least 80 hours a week for the last two years and made absolutely no head way with any of our debts and I just cant keep it up any longer. I have hardly seen my kids over this period of time nor the wife for that matter. No sarky comments please:lol:

 

I know this is a serious forum, but I just wanted to let you know that the BOS phoned again tonight.

Nothing strange there you say, well not normally no, but in this case they first told me they were from the Halifax icon_eek.gif and proceeded to ask me all my security details for my account.

What account I asked, your credit card account she says, but I dont have a credit card with you I said. Oh no she said Im sorry its the Bank of Scotland not the Halifax, can I take your security details again.

Most certainly not I replied, as I dont know who you are you could be anybody after personal information and Im not prepared to divulge that to any tom dick of harry that happens to call. But it really is the BOS she replied.

Well I dont know that do I, you could be anyone, then said my goodbyes and put the phone down.

My wife wondered why I was chuckling when I came off of the phone.

Well it cheered me up today at least icon_lol.gif

 

Apparently the Halifax have been calling a lot lately icon_biggrin.gif

 

Let us know how you get on will you red.

Tip us a wink on my scales if you think I may have helped at all;)

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Tau, your post has brought a little sunshine to me this morning, I can honestly say that since hubby filed for BR it has gone quiet with creditors however he had been ignoring them for a while any way! I think from what the insolvency practioner has said that it will be a quick case and straight forward, I guess the most difficult part (for pride as well) will be when the official receiver meets the husband, but when that will be....I am not sure!

Just getting the paperwork ready, and then we are off! Speak later!

Red

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You may not even have to meet the receiver, it could all be done over the phone.

Take a look here, as this site is geared up for our sort of situation.

 

Free Bankruptcy UK, IVA and Simple IVA, Debt Advice Forum

 

Take a read through the forums and you will be able to get some sort of idea what will happen after the court hearing.

I used the freephone number and chatted to one of the people there and he agreed that what we are doing was the best way out of our situation.

 

I'm not involved with Myvesta in any way shape or form, just found it really helpful.

 

Hope this is ok with the mods.

Tip us a wink on my scales if you think I may have helped at all;)

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Hello everyone, sorry for keeping you all waiting!!

We went to court and were met by the usher (for those of you who watch Coronation St. he was the spitting image of Norris!!!!). He was already with a lady (who turned out to be the Lloyds Representitive). We were sooooooo nervous. Fortunately we were met by our insolvency practioner's partner (business I mean)

It was so quiet in the waiting area, and we needed to establish straight away via the usher, that the first case that the judge needed to hear hubby's bankruptcy case first over the charging order case (to be heard at the same time, same day!).

TBC.....

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