I am about to apply for BR

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zac

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Post by zac » Wed May 02, 2007 1:09 pm
I am about to apply for BR and I have a few questions, I have been told that my land lord will be informed of the bankruptcy, is this true even if I owe them no money? What actions can he then take (kick us out?)? Can I apply for the bankruptcy in just my name or do I have to include my wife, all the debt we are struggling with is in my name? Also we currently have 2 cars which are both in my wifes name, I use one to get to work and my wife uses hers to get herself and our 2 young children about as they 18 months and 1 months old, will they make us sell one of these cars?
 
 

ivoriva

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Post by ivoriva » Wed May 02, 2007 1:16 pm
Not sure about the landlord situation. I think you can apply for BR yourself, your wife wouldnt have to be. If the evidence backs up the cars are your wifes, then I dont think the OR will include either. In anycase, you're often allowed to keep your car if it is less than about £4000 in value and you need it to go to/from work. That is my understanding, Im sure someone with more expertise could help you further.
 
 

freelili

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Post by freelili » Wed May 02, 2007 1:23 pm
I am not an expert but was going down the BR route myself and had a court date but circumstances changed for me.

If you have transfered one of the cars to your wife then the OR might take a dim view of this, if not and the car is worth less than £3K and you need it for work it shouldnt be a problem. There is no need for your wife to to do a BR if the debts are in your name only and her car will not be touched. You should seek professional advise with regarding your own financial affairs (from the CAB or CCCS) as in order for the ~BR to be granted you will need to demonstrate that you have done this.

I hope this helps. Good luck and keep posting. Some of the members who have gone through this will be along to advise you in more detail.

LILY

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Skippy

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Post by Skippy » Wed May 02, 2007 1:44 pm
You will need to check the terms of your lease agreement as to what can happen if you are made BR. Most people find that the landlord is fine providing that the rent is paid!

Regarding the cars, if you haven't transferred a car to your wife's name you should be ok providing you can prove that the car's are both your wife's.

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DebtDummy

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Post by DebtDummy » Wed May 02, 2007 2:10 pm
zac wrote:

I am about to apply for BR and I have a few questions, I have been told that my land lord will be informed of the bankruptcy, is this true even if I owe them no money? What actions can he then take (kick us out?)? Can I apply for the bankruptcy in just my name or do I have to include my wife, all the debt we are struggling with is in my name? Also we currently have 2 cars which are both in my wifes name, I use one to get to work and my wife uses hers to get herself and our 2 young children about as they 18 months and 1 months old, will they make us sell one of these cars?

1.Official Receiver will contact landlord. As long as rent is NOT in arrears all will be well.
2.If all debts are in your name, file bankruptcy in only your name.
3.If cars are used for work you may be able to keep them. Depends on the value of the cars.

Good luck.

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Andy2

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Post by Andy2 » Wed May 02, 2007 2:31 pm
Are the cars owned outright by your wife and how were they funded? We are not being inquisitive, but just indicating what might be asked if you go BR.
 
 

scaredkez

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Post by scaredkez » Wed May 02, 2007 2:32 pm
i had my or meeting today and although i use my car to work and back, pick up kids and look after disabled parents, my car is being taken and no provision is being made for me to have one as there is public transport?
kerri

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DebtDummy

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Post by DebtDummy » Wed May 02, 2007 2:35 pm
very sorry to hear about your car, kez.

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freelili

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Post by freelili » Wed May 02, 2007 2:41 pm
I am sorry also and hope that you are OK

LILY

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LILY

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Andy2

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Post by Andy2 » Wed May 02, 2007 2:46 pm
Hi Kez - let us know how you went on with the OR - when you are ready of course. I imagine you are feeling a bit numb at the moment.[|)]
Last edited by Andy2 on Wed May 02, 2007 2:47 pm, edited 1 time in total.
 
 

Skippy

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Post by Skippy » Wed May 02, 2007 2:57 pm
Sorry to hear about the car Kerri - I can't believe that they didn't take your disabled parents into account. My mum is elderly and has to have hospital visits and I put that down and they mentioned it but didn't question it.

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

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zac

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Post by zac » Wed May 02, 2007 3:01 pm
Both of the cars were purchased using some credit but not HP. one was in my name because my wife was not present when the car was purchased and it was a few months before I signed it over to her.
 
 

Skippy

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Post by Skippy » Wed May 02, 2007 3:03 pm
Hi long ago was that Zac?

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zac

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Post by zac » Wed May 02, 2007 3:04 pm
it could be 6 months or more I would have to check
 
 

Andy2

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Post by Andy2 » Wed May 02, 2007 3:10 pm
I'm afraid that transaction would be looked at by the OR, Zac. How much did the car that you signed over cost and what is it worth now ?
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