if i cancelled bankruptcy payments?

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paul.ma

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Post by paul.ma » Fri Feb 08, 2008 7:37 pm
I have been paying monthly amount into a trustees account since may 2006 as part of my bankruptcy settlement i did not have any assets other than my monthly salary due to the stress i was under at the time I agreed over the telephone to make these payments to the trustee appointed by the official reciever i was bankrupted for 35 thousand debts
I have to pay 333.00 pounds each month for 36 months I never miss a payment except this last christmas when I cancelled the direct debit for december to enable my family to have a reasonable christmas I recieved a letter eaarly jan from the trustees thratening to refer me back to official reciever
please can you tell me what would happen if i just cancelled the monthly payments and told the official reciever that after 22 months paying into the trustees i am going to use this amount for my family.and that my creditors will have to take whats already in the kitty I have never seen anyone face to face as all of this was done over the phone
I know of other people in similar circumstances who have not had to pay anything back and like myself are now discharged
 
 

Adam Davies

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Post by Adam Davies » Fri Feb 08, 2008 7:45 pm
Hi
I am sure that you will find yourself in trouble.I think that the OR can revoke the early discharge
Regards
Andam Davies
 
 

carlmcmullen

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Post by carlmcmullen » Fri Feb 08, 2008 8:17 pm
You cant compare yourself to other people as everyone circumstances are differnt.

And yes the OR could give you a Bankruptcy Restriction Order which could last up to 15 years and take further action if you did not co-operate fully.

If you feel the payments are financially a problem then discuss with your trustee - dont just ignore it and refuse to pay
 
 

Skippy

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Post by Skippy » Fri Feb 08, 2008 10:03 pm
Everyone's circumstances are different so as Carl says you can't compare your situation to someone elses.

If you just cancel the payments you are setting yourself up for a lot of trouble. If you are having trouble making the repayments speak to your trustee and ask for your payments to be reassessed. I'm sure if you speak to them they will be able to help.
 
 

wen

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Post by wen » Fri Feb 08, 2008 11:19 pm
paul, also be careful, as the OR is not going to be too happy about you using the money to fund Christmas.

I know circumstances are hard, but to require that £333 are paid each month must mean you have a decent amount of spare cash each month I would have thought, as the OR will only take 50-70% of spare cash.
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MelanieGiles

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Post by MelanieGiles » Sat Feb 09, 2008 10:39 am
You will be held to be in contempt of Court if you stop the payments, and they will then be taken from your salary by way of an attachment of earnings.

It sounds as if you merely don't want to pay, rather than can't pay - and unfortunately the requiredment to fund ongoing payments under bankruptcy law is a direct consequence of borrowing money you cannot afford to repay. If you are genuinely struggling to make the payments, talk to the OR's office handling your case to see if they can be reduced.
Regards, Melanie Giles, Insolvency Practitioner
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