Another question please? I was waiting to get definite BR orderor at least be assurredof an appointment before telling people eg DMP Just panicking in case it all goes wrong
Would you advise that I inform DMP now what I am doing or wait another week or so for OR to do this. I also thought of informing mortgage company and maybe suggesting to them if they would accept a drastic price reduction to get rid of the house as I would have thought there would be more chance whilst it is lived in or again should I wit for OR to suggest what action.
Bad news for me The high court will prob not accept my petition There procedure is that you go down any working day submit your petition in person and get the BR on the day. When I expliained that I had sworn legally and posted the petition 2 weeks ago ,the clerk said they would not accept a postal petition from another area The papers are floating around somewhere, will be posted back but there ia a large backlog. So I have wasted about a month now. Perhaps is was worth a try
I had stated 'Conflict of Interest'as reason for High Court petition Clerk could not obviuosly give legal advice but suggested that I write to Chief Registrar /Judge and ask for petiton to be heard there but I would def have to quote the section of Insolvency Rules which gave the reaon I wss applyinh to them and hope the he would allow this . She sadi that loads of people try to use the High Court from outside the jurisdiction and are turned away.
I am just wasting time I think and must just face the music,locally if they will deal with it.
Can a Judge say 'No' to the BR or are they likely to even if they technically can. I am trying to protect my pension/lumop sum in 12 months time so would it be folly to be truthful or would a judge and OR say this is not on and avoiding my responsibility.
Other posts on the Forum talk of showing that you have tried DMP /IVA and tried to address problems. I have done DMP for 6 months. Would a Judge say that I have not tried enough. I do not feel that here is another way out, of paying debts in either scheme before retirement and I have not got sufficient house equity to repay debts.
The granting of a bankruptcy order is always at the discretion of the Judge. If you give full facts and explain that you cannot manage on your disposable income then I think you will be OK. If however you are trying to protect your Pension then that could be another matter. The Judge should be made aware of all facts.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
