can my parents declare my brother bankrupt?

[bigd]

my brother has a large amount of debt (not sure of the exact amount) he is currently living with my parents.He is on antidepressants and has a criminal record for stealing(due to debt)He was gonna go to a loan shark for money so my parents got a loan out for him in their name which he is not paying them for. He rufuses to make himself bankrupt dispite all of this.so my question is can my parents declare him bankrupt?

[MelanieGiles]

Hi bigd and welcome to the forum

There is nothing to stop your parents from making your brother bankrupt, but this would be an exreme measure and unlikely to see them repaid. If he is working, an attachment of earnings order might be more appropriate.

[Lisa2009]

The sad thing here i think is, as your parents took out the loan in their name then they would be liable for it although im sure someone will correct me if i'm wrong.

mrs skint

[MelanieGiles]

That is correct - but there is a corresponding debt due from their son which is the debt which could be referred to in the bankruptcy.

[carlmcmullen]

Yes Skint is correct bigd parents would be liable for it still.

If your parents were to make your brother bankrupt it would probally cost them in legal fees to do so and as Melanie pointed out unlikely they would get any money back in bankruptcy maybe better to go for an attachment order.

Or are they wanting to make him bankrupt to help deal with his other debts aswell?

[J-DOUBLEYA]

Hi bigd, this really is a terrible dilemma, i dont envy you or your parents.

I dont think that bankruptcy is the answer bit a CCJ leading to some form of enforcement such as melanie and others have referred to is more likely. Trouble is, there is no guarantee that a DJ will grant as per the claimaints request and enforcement will then rely on default.

You mention that he is on anti depressants, perhaps the way forward here is to provide help and support through these problems hopefully resulting with hime getting back on track ?

is he getting any help with the health issues ?

[bigd]

Thanks for the replys. Although i would be nice for them to get the money back i don't think that's their main concern.He's always borrowing money off them or my sister and not paying it back.I know when he got arrested he tested positive for cocaine, which he says he has now stopped,trouble is he's a compulsive liar. he's employed at the moment but he has a history of not holding jobs down.He's currently doing community service which he hardly ever turns up for,he's either gonna end up in prison or dead !
bigd
ps he is receiving counselling.

[MelanieGiles]

Your brother's issues are only in part related to his debts, and unfortuntely making him bankrupt is unlikely to address the other issues. I guess you just have to stop lending him money so that your own and your parents financial position does not worsen. Hopefully the counselling will help - but often this does take time and there needs to be a willing paricipant.