Br or not BR

[janderson]

Hi All

A query for the experts I believe, We wree told recently that if you applied to go BR it could be turned down by the courts I think. Does anyone know if this is true or if indeed anyone can have their application for BR rejected by anyone at any stage of the process?

Sorry for the vague question but hope you can understand


John

[Viki.W]

I suppose if you were in an IVA and can afford the payments then the BR would be rejected. If you were actually not insolvent, then you couldn't go BR. If you hadn't negotiated with creditors or enquired to whether a DMP or IVA was suitable then you might not be able to go BR.

[maxrobinson]

Hi All

A query for the experts I believe, We wree told recently that if you applied to go BR it could be turned down by the courts I think. Does anyone know if this is true or if indeed anyone can have their application for BR rejected by anyone at any stage of the process?

Sorry for the vague question but hope you can understand


John

It is quite rare for one to be rejected if you are effectively insolvent, but saying that, Yes it could be turned down, on the other hand if you applied for an IVA if the creditors dont agree to your proposal and theres no room for negotiations then again that could be turned down also. In bankruptcy, If you have money as surplus income, usually over £100, you maybe subject to an Income payment agreement for upto 3 years when your bankruptcy is accepted.

[MelanieGiles]

A bankruptcy order could be turned down by the Judge for a variety of reasons, and it is by no way an automatic right. That said, I would say that over 99% of those applied for are actually granted.