Re BR -gambling debt

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suz

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Post by suz » Tue Feb 27, 2007 4:52 pm
Re going BR, the debt has been incurred due to gambling. Will I have a restriction order because it is due to gambling? Or would the normal be still 1 year? I have no assets and now live with my mother. Stillplying through lots and lots of paper and getting more and more confused!!
Suz
 
 

jamesfalla

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Post by jamesfalla » Tue Feb 27, 2007 4:59 pm
Suz

Gambling is not a crime - although looking back on it, it could be described as a mistake. As such, if you declare yourself bankrupt, the Official Receiver will normally not penalise you if your debt has been generated due to gambling - especially if you have not been bankrupt before.

James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
 
 

Skippy

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Post by Skippy » Tue Feb 27, 2007 5:01 pm
Hi Suz, I'm not an expert on BR (but I'm sure a real expert will be along shortly), but I have been looking into it due to my IVA possibly failing. I'm sorry to tell you but I think that gambling debts may be subject to a restriction order.

Onwards and upwards!!!
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MelanieGiles

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Post by MelanieGiles » Tue Feb 27, 2007 5:04 pm
Hi Suz

Until April 2004, gambling was an offence under bankruptcy legislation. Notwithstanding that this has now been repealsed, the Official Receiver's tell us that this is still frowned upon and may form the basis for a bankruptcy restrictions order, but if the numbers are small then you may get away with it.

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
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suz

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Post by suz » Tue Feb 27, 2007 5:07 pm
Confused, I have 2 different answers from experts, melanie and james. Amount is very high around 80K. if there is a restriction order, what would that be normally?
 
 

jamesfalla

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Post by jamesfalla » Tue Feb 27, 2007 5:09 pm
I have recently dealt with a number of people who have had gambling debts and they have not had a problem when declaring bankruptcy

James Falla

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For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
James Falla

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jamesfalla

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Post by jamesfalla » Tue Feb 27, 2007 5:14 pm
Unfortunatley Suz, we are all right

It is impossible to say with 100% certainty how the Official Receiver will react to your case. It will depend very much on how much of the debt is due to gambling, why you were gambling, your background, what you did to try and minimise the problem once you realised it was one.

The one thing I would say is that you should look on the practical side. It sounds like it is impossible for you to pay off the debt you owe yourself in any reasonable time. As such, worst case, even if the OR extends the period of your bankruptcy for say 3 years instead of the normal 12 months, then in the long run you are still better off than trying to deal with it yourself

James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
James Falla

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For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Tue Feb 27, 2007 5:18 pm
If all of the £80k relates to gambling debts, then the Official Receiver may decide to seek a restriction order or undertaking against you. This merely suspends your discharge from bankruptcy for a further period of time - longer than the usual one year. The length of the restriction will depend upon how serious the Official Receiver believes the "offence" is.

This is the technical answer to your query. I do agree with James, however, that this appears to be rarely enforced.

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
 
 

suz

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Post by suz » Tue Feb 27, 2007 5:20 pm
Thank you - will let you know once I have BR
Suz
 
 

Oliver

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Post by Oliver » Tue Feb 27, 2007 5:35 pm
In bankruptcy the Official Receiver has the ability to impose a restriction order (of up to 10 years) if they deem this fit.

Gambling is slightly a grey area but similar to James, I have seen many gamblers discharged after 12 months with no restriction orders.



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DebtDummy

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Post by DebtDummy » Wed Feb 28, 2007 12:36 am
From my limited knowledge (I am NOT a BR expert) the magic number seems to be £5000 indebtedness through gambling out of the total amount you owe your creditors. So, if your gambling debts are under £5000 you stand a good chance of not receiving a restriction.However, this is the decision of the OR. If you attend Gamblers Anonymous 6 months prior to petitioning bankruptcy again it is up to the discretion of the Official Receiver whether to give you a BRO/BRU. These can last from 2-15 years.

You say all £80,000 is from gambling. Yes, you will be given a BRO/BRU. This protects the public from extending to you anymore credit and protects you from yourself(creating more debt you can't afford).

Please seek help for your gambling it is an addiction. Some experts will tell you it is hereditary. It's in your genes for you to gamble and not a learned bahaviour.

Good luck my friend. I wish you well.

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DebtDummy

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Post by DebtDummy » Wed Feb 28, 2007 12:44 am
suz, this came from http//www.insolvency.gov.uk website. I hope it helps to answer your question.

What sort of behaviour could lead the official receiver to apply for a BRO against me?

When deciding whether to make a BRO, the court may take into account your behaviour before and after the date of the bankruptcy order, so the official receiver will be looking closely at all your conduct.

We cannot list all the actions that could be considered dishonest or blameworthy in relation to your affairs, but here are some examples the official receiver could include in his report to court:

* incurring debts that you knew you had no reasonable chance of repaying
* giving away assets or selling them at less than their value
* deliberately paying off some creditors in preference to others
* gambling or making rash speculations or being unreasonably extravagant
* failing to keep or produce records that would explain a loss of money or property
* fraud or fraudulent breach of trust
* causing your debts to increase by neglecting your business affairs
* failing to supply goods or services that have been paid for
* carrying on a business when you knew or ought to have known you could not pay your debts

The more harm your behaviour causes your creditors, in the court's opinion, the longer the BRO is likely to last.

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