Can Bankruptcy be refused by the court?

[simon.b]

?

[Oliver]

Absolutely if the court feels that you are not eligible for bankruptcy they can refuse your application.

Best Regards
Oliver

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

[Sadsack]

Hi Simon

Me again!!!

It seems you are even more confused and concerned. Do you want to post on here what you are worried about?

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[Sadsack]

Simon, I cannot answer the first question, but having read numerous threads on here pertaining to BR, the Judge who handles your case would like to see that you have done everything in your power not to go BR. In other words that you have sought advice from (for instance) CAB or CCCS. (Skippy, if you are around perhaps you can answer this as well!!)

As for a bank account, I am not sure as I don't have one. I only have a cash card which is fine for me as I can still bank online with it.

Sue


Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[Skippy]

I agree with you Simon - I opened a Think Banking account out of desperation, and I have used it for 1 month and now I'm closing it. Despite being up to my eyeballs in debt I've only ever had one lot of bank charges - like you I was robbing Peter to pay Paul!

The Co-op are the only bank that I can think of that offer a debit card without charge if you are bankrupt. I also have a pre-paid Mastercard, they cost about £10 to get one, and then either £4.95-£5.95 per month, or £1.00 per use which is what I have. I will only be using it occasionally, so I didn't want to pay a monthly fee. Mine is with Unique (www.myuniquecard.com) and I think some of the others on here have a card Cashplus card, which I think you get through Myvesta but I'm not sure of the address.

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/

[Oliver]

Hi Simon

It is highly unlikely that your bankruptcy application will be declined if you neither have the assets to pay the debts or the disposable income to pay your monthly payments. The court will not force you into a 10 year debt management plan as this would be unreasonable.

Best Regards
Oliver

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

[Sadsack]

CCCS is Consumer Credit Counselling Service which is a registered charity. Their advice is free and they can be found on this link

http://www.cccs.co.uk/

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[MelanieGiles]

Hi Simon

From my own practical experience of this, the Judge will want to be sure that:-

a) You have taken proper professional advice with regard to your situation, and
b) You cannot afford to pay your creditors

If the judge believes that you could make ongoing payments to your creditors, he may well refer you to an insolvency practitioner to see whether an IVA is feasible. Obviously if you have been advised that it is not, this gives you good grounds for the bankruptcy order being made.

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

[Skippy]

Yes Sue, I was asked whether I had taken any advice, and I replied that my IP had advised me, and the jusge then asked had I spoken to anyone else! I had spoken to Myvesta so I replied yes, but if you have spoken to the CAB you should be fine.

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/

[Oliver]

Why not speak to a couple of professional companies on this site so that you can tell the judge that you have sought professional advice and been advised to go bankrupt.

Best Regards
Oliver

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

[iva experts]

Hi Simon,

I believe Lloyds have a classic account which comes with a debit card and internet banking, you may want to look into this.

I think it is important to get advice from 2 or 3 companies, as then you can see if you are getting similar advice.

Best of Luck.

Best Regards. IVA Experts

[freelili]

Simon Hi

Avoid HSBC, they dont like people in debt etc.

Did you try the cccs, I found them very helpful on the telephone.

LILY

fly me up to where you are beyong the distant star, I will wish upon tonight, to see you smile, only for a while, to know youre there, a breath away is not too far, to where you are.

[Sadsack]

If you don't ask the questions - you don't get the answers - so keep them coming!!

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[iva experts]

Hey Simon,

Sorry that your not feeling the best, I dont think any amount of debt should stop someone living their life. Is there anyway you can still go to these events on the cheap??

Try not to let it get you down, after all its the long weekend. [:D]

Best Regards. IVA Experts

[MelanieGiles]

Simon

In my opinion, and of course I am just one of the experts on this forum, you are going to resent these debts as they stop you doing the important things in life - ie living!

Please don't let this debt situation spoil things with your girlfriend, learn lessons from it and make sure that it doesn't happen again. You have lives to rebuild, and probably the best thing to do is to put the debts behind you and move forward.



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