Going Bankrupt

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flashingblade

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Post by flashingblade » Fri Jul 06, 2007 6:11 pm
Hi all,

We have made our decision to go bankrupt. We have told our families what situation we are in and although disappointed , all have been supportive. We havent gone into this lightly, we just cant cope having nothing, and our house is falling apart around us, and my health is suffering. We have rang the national debt helpline, the bankruptcy clerk and been to the CAB, but we still have some questions that need answering...please do your best to answer!!

* We are going to lose our house, which i dont mind, should we move out before going BR, and stop paying the mortgage and secured loan?
Who sorts out selling the house and paying the sec loan off etc?

* Will our BR payments likely to be less that our IVA payments.

* will we have any trouble renting privately?

* And bank accounts, should we move our wages into another family member until we can open a new basic acc? We do not owe anything to our current bank

Please help! [:(]
IVA in 2007 - failed in 2008.
BR on 11th Nov 08
 
 

jane.l

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Post by jane.l » Fri Jul 06, 2007 6:21 pm
We have a similar situation. we looked into an IVA but the payments were too high. we had a secured loan as well as a mortgage (so negative equity) as well as other unsecured debt. We thought we could sell the house but the secured loan company flatly refused to "lift" the second charge so the sale is not going ahead. On advice, we stopped paying all creditors and found a rented house in April. We are just waiting until we have saved for the fees for bankruptcy. We have a court date for repossession from the mortgage company on 1 August, I have wrote to them and explained our situation. We have heard nothing from the secured loan company and it is now 5 months since I paid any creditors.

If I were you, I would try to find a rental house now and stop paying everything apart from essentials, eg, utilities, council tax, etc

unfortunately, my family are not so understanding and I have had a right backlash of abuse from a "so-called friend!! It seems that I have been judged to be reckless and extravagent and I have only myself to blame for the mess I am in! Well so be it, thats their opinions, I am very hurt, now I have lost my family as well as my home and soon my car, but I have my husband and children and I say, "to hell with them all"!!
 
 

zoe

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Post by zoe » Fri Jul 06, 2007 6:23 pm
Hi There
I made myself bankrupt.
I cannot answer the house question as my parents are buying my share.
I can say my contributions will be alot less than that offered in my IVA.
With regards to banks, if you owe no money to your bank you may be able to keep it, this will depend on the banks policy for undischarged bankrupts.
you may have trouble renting if they are required to do a credit check but if you are going straight to a landlord they dont normally do this
hope this helps


Zoe
x
Keep your chin up - everything happens for a reason!
View my blog http://zoes.blogs.iva.co.uk/
 
 

scaredkez

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Post by scaredkez » Fri Jul 06, 2007 6:29 pm
i am still in my house at the moment, waiting to see how long we have until we have to move, the OR appoints a trustee to deal with assets and you are not thrown out onto the street, you continue with your mortgage payments until you know when you have to go and then i will stop mine a couple of months before to save for a deposit, sign on at your local council and see if they can help, if you give your house up voluntary they will see it as you making yourself homeless and will not necessarily help you, to go to letting agents they request 6 months up front and some request the same a further 6 months down the line, look in local papers or supermarket boards for private lets as they don't credit check you as the letting agents do, others have moved before they have gone BR and handed the keys back to the mortgage company, the other thing to think of is if you have no equity in the house you may by the BI back for a £1 plus costs which at present are £211, look at all your options and good luck.

in regards to your ipa the OR is more lenient in your I+E so be realistic and put everything down you spend per month they will only inflate it or reduce it, what surplus is left will be took as a percentage to your ipa, i had £56 so no IPA so far just a nil tax code for 12 months.

the or will take your current bank cards etc and it will be up to the bank if you can continue to use this accout, i went BR after payday so withdrew everything then opened up a think bank account, but you can try other banks and see who will take you on after your BR these must be opened after the deed.

make sure you allow enough money for the following weeks with your cash in hand to see you through, the main aim of the OR is to now keep you solvent so you don't get in this situation again.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Last edited by scaredkez on Fri Jul 06, 2007 6:33 pm, edited 1 time in total.
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

flashingblade

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Post by flashingblade » Fri Jul 06, 2007 7:53 pm
Thanks so much everyone, we really appreciate the advice.
We are going to wait to see the CAB debt specialist on the 18th so they can answer all our questions, and advise which steps to take first. We will probably move into a rented house before going BR, we have a 17month old to think about, so desperately want a secure long term home. Then we will go for BR. Luckily, My husbands parents are going to help with the fees for BR, and to move house - i dont know what we'd do without them.

[8]
IVA in 2007 - failed in 2008.
BR on 11th Nov 08
 
 

flashingblade

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Post by flashingblade » Fri Jul 06, 2007 7:54 pm
what does IPA stand for kez?
IVA in 2007 - failed in 2008.
BR on 11th Nov 08
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 06, 2007 9:29 pm
That is excellent practical advice from Kerri - a shining example of how someone can be a forum expert without the need for professional qualifications or reputation - just good honest experience which she is willing to share with others. It is this spirit which sets this forum aside from any other debt forum I have seen - both here and abroad. I have little to add - she has said it all.

Flashingblade - so sorry to hear of your decision, but you are putting your family first. I personally would not recommend that you move out of the property until you are required to - as I assume that you are up to date with the mortgage and secured loan payments and that they are affordable. How much equity is there currently in the property?

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
Last edited by MelanieGiles on Sat Jul 07, 2007 7:12 am, edited 1 time in total.
Regards, Melanie Giles, Insolvency Practitioner
 
 

flashingblade

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Post by flashingblade » Fri Jul 06, 2007 9:47 pm
Thanks Melanie,

Theres about 8k equity in the house, but so much needs doing to the house. a new kitchen is needed and the central heating is on its last legs, and the front room needs decorating from the damp we got last winter, so i dont care about giving it up. I want a fresh start somewhere else, and being honest i want to leave this house and the problems behind.

On those grounds, do you still think we should stay, even thought we dont want the house, or move and be able to get a rental property before our BR?
IVA in 2007 - failed in 2008.
BR on 11th Nov 08
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 06, 2007 10:06 pm
OK - this puts a different perspective on matters, in that you actually want to move. Then I would take the next month to look around the rental marketplace to see what is available, and importantly to see how you do with regard to credit checking. There will also be removal costs to take into account. If you are going to stop making your mortgage and secured loan payments, at least let those companies know the reasons for this. Hopefully they will be paid in full once your property is eventually sold.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

scaredkez

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Post by scaredkez » Fri Jul 06, 2007 11:04 pm
flashing blade IPA stands for income payment agreements, this is what is required of you to pay if you have any surplus income.
kerri

mel thank you for your kind words, just trying to keep up with the spirit of the forum, we are all here to help those who are facing the same situation as ourselves, and i will continue to help those where possible who face what i have, worst year of my life last year and only to glad to share what i have learnt
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

lily

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Post by lily » Sat Jul 07, 2007 12:39 am
and you do deserve this praise Kerri, a kind and loving person who I have come to know, I have everything crossed for you too.

Flashingblade, I wish for the best for you and your family.

lily
lily
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