Is BR right for me ??

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stressed37

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Post by stressed37 » Tue Jul 17, 2007 8:58 pm
]I am thinking about declaring myself & family !!! bankrupt.

I am unsure if this is right it sounds so scary and I am worried people will find out ...

I have so many questions have hear horror stories about BALIFFS
 
 

Sarah

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Post by Sarah » Tue Jul 17, 2007 10:00 pm
hi and welcome to the forum.... could you post a bit more about your situation... your level of debt, who are your creditors and earnings and more people should be able to help. Have you considered an IVA?
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 17, 2007 10:01 pm
You have picked the right site for questions so ask away!!! Can I ask you why you are concerned about creditors finding out about your bankrutpcy. Also post a little more information about your current financial difficulties so we can try and assist in finding a solution for you.

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
 
 

stressed37

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Post by stressed37 » Tue Jul 17, 2007 10:16 pm
Hi,
Sorry here is some more info .....
Owe 38K unsecure debt
10 creditors
Have 2 hp agreements on cars 1 mine & 1 husbands(blackhorse & GMAC)

House worth 250K
Mortgage £214 - GMAC
Secured load £46.5 - Picture.

The house has been on the market for 7 months with no interest - we thought if we sold it and went into rented we could start to tackle the debts !!!
but we are in negitive equity to start off with....

My husband works and I work part time - so not sure if BR is right we have spent 12 months trying to get out of this mess only to get in deeper...oo
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 17, 2007 10:28 pm
What disposable income would you have (if any) to offer to creditors on a monthly basis, having taken account of your secured loan payments and household and general bills?

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
 
 

stressed37

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Post by stressed37 » Tue Jul 17, 2007 10:32 pm
When I have worked it out its about £200 left after paying utilities and car loans mortgage and food.
I have worked out a budget and gone thro to take out sky / denplan and all the orther things you can think of and just left the basics.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 17, 2007 10:34 pm
Does this include the secured loan payment as well? And what saving do you think you could make by going into rented accomodation?

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
 
 

stressed37

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Post by stressed37 » Tue Jul 17, 2007 10:46 pm
not sure how much we would sve rented is about 700 - 900 pm.
but we thought we may loose the house at this rate - so try and recoup some money buy selling - did not realize when the figures came thro - we were in negitive equity and add on the top estate agents fees - so can we stay and not loose our house ??
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 17, 2007 11:06 pm
If you can afford the mortgage and the secured loan payments. How much are they together?

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
 
 

Oliver

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Post by Oliver » Wed Jul 18, 2007 11:17 am
If the secured mortgage and 2nd mortgage payments are no more than you would pay to rent you could potentially keep the house in bankruptcy by buying it back from the courts for a nominal fee as the OR will have little interest in it if there is negative equity. However if you feel that a high mortgage to income ratio was part of the cause of your financial difficulty then you may choose to hand the keys back to the lender, go bankrupt and start from scratch.

Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
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stressed37

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Post by stressed37 » Wed Jul 18, 2007 11:27 am
my mortgage is 1360.61 pm & secured loan £366.51 pm.
My husband earns about 56k per year so not sure about ratio...
If I hand keys back will they chase me when the house is then sold at auction for what may be below market value?
 
 

Oliver

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Post by Oliver » Wed Jul 18, 2007 11:32 am
If you hand back the keys the lender will sell the house (usually quickly at auction). The first charge holder (mortgage company) will have first dibs on the proceeds and then anything remaining will go to your secured loan lender. If there isn't enough money to cover the whole of this loan this debt will become unsecured and can then be included in your bankruptcy.

Try to seek advice from Citizens Advice about the timings of these.

Best Regards
Oliver

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

ray_a

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Post by ray_a » Wed Jul 18, 2007 11:45 am
Hi Stress

OUCH!

Looking at your situation and if I was sitting where you are I think you are in a tough position because you have no equity to place as a deposit to get into rented property. They will at least require 2 months or more depending on your credit score. Mine was six months and you should prepare for the worse. Sorry!

In addition, you have very little to offer to put into an IVA.

Bankruptcy does pose a very big risk to you as you might not keep your home.

If I was sitting in your position I might try and go for a debt management plan and see if you can reduce your mortgage payments for interest only if the lender will allow it and then perhaps look for an IVA in six months time.

As longing as you keep the mortgage and secured loan payments going you will be able to stay at your home for a good six months even if you were to go bankrupt.

Sorry to sound negative but I have tried to look at how I would deal with the situation as someone who has struggled with debt.

I am sorry for you and your family and hope you get this resolved.

Do keep in touch and we are sympathetic!

Regards

Ray
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jul 18, 2007 11:47 am
Are you able to continue to afford the mortgage and secured loan payments? They are a lot higher than you would be paying to rent.

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
 
 

jane.l

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Post by jane.l » Wed Jul 18, 2007 5:05 pm
Ours is a similar position, to get the rent and deposit on a private rented house we just stopped paying all the creditors, including the mortgage and secured loan (with Picture) and got on an estate agents books straight away whilst our credit rating was still good! We passed the credit check then(although we wouldn't now, I have a CCJ!) You might want to think about doing this sooner rather than later if you are resigned to losing your house!! I did feel like we were "runnning" away from our problems but in the end, I realised that we had to secure a house for our family. We have lived in a rented house now since April. Its been fairly quiet, as I changed the phone number and nobody knows where we have moved to! I have mail redirection in place so can deal with all correspondence. We have a court date for repossesion of the house on 1 August from NRock, the 1st charge-holders, surprisingly , Picture have not been in touch, even about the non-payment. Incidentally, we tried to sell our house too, but as it was in negative equity, Picture refused point blank to "release" the 2nd charge and the sale could not complete, we had a cash buyer with no chain tooo!! This was the catalyst for us to realise that we are in deep poo financially, we looked at an IVA but are now going to petition for bankruptcy in a month's time!
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