bankruptcy hearing, need to consult a solicitor?

[jsp]

Hello, my sister has been given a date by the court for her bankruptcy hearing, she was told that she must seek legal advice before opresenting the petiton and if she did not the judge would reject it. She has sought advice from her corporate legal helpline who referred her to Payplan for advice, CCCS, UK Insolvency Helpline also CAB who say they can't help as her earnings exceed their threshold for advice. We seem to be going around in circles, does she need to consult a solicitor? Any advice you can give will be very much appreciated.

Also, this court has several months delay.Can she go to another court outside her living area?

[Oliver]

I would suggest that she has received an appropriate level of advice on this matter.

I beleive that she needs to go to her local court so it is slightly some what of a lottery in regards to the amount of time she will have to wait.

Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp

[Skippy]

You can only file for BR in the court local to where you have been living for the previous 6 months. It might be worth your sister making an appointment but then calling her local court every now and then to see if they have any cancellations so that she can be seen sooner.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[iva experts]

Hi jsp,

I think a vital part of bankruptcy is that the courts will want to know if your sister has sought out proper debt advice for her situation and that she has thought very carefully about her options.

Best Regards. IVA Experts

[MelanieGiles]

I don't know who told your sister that a judge would not make an order if she had not taken professional advice. This is not the case, although it is usually advisable to have sought advice and the judges do like to see this having happened.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[jsp]

Thanks to all for helpful replies.
Melanie, I was told judge would reject application if she had not sought legal advice when I rang the county court on her behalf to ask for forms and she was told the same when she rang to book appointment for the hearing.

[Skippy]

When I went BR I was asked if I had received professional advice and did I know the implications of what I was doing.

Has your sister tried Myvesta? They offer BR advice as well.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[MelanieGiles]

Incredible! There is no legal requirement to seek professional advice - although it is advisable.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[jsp]

Thank you both for taking time and trouble to reply and for your comments.
Melanie, as you've confirmed it's not a legal requirement, I think it best if I tell her just to go ahead on the basis of advice she's sought.
Thanks again and regards.