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Posted: Mon Feb 04, 2008 1:29 pm
by chris.g
Hiya, me and my husband are filing for bankruptcy on Wednesday and we're a bit nervous about meeting the OR. Our income is quite erratic as my husband is a self-employed bricklayer and can be without work - partly the reason we are going bankrupt. What can we expect? Will we be seen together or seperatley? and will we meet the OR more than once before we are discharged? I'm fretting a bit now as the day draws nearer. Any words of wisdom, please.....
Posted: Mon Feb 04, 2008 1:34 pm
by Adam Davies
Hi
You will only see the OR once or it may be that your dealing with the OR will be by phone.
You will see the judge on the day and I think that you will each see him/her in turn.
Have a look at a couple of blogs of other forum members that have gone down the bankruptcy route,Skippy13 and Scaredkez,it's not as daunting as you may think
Regards
Posted: Mon Feb 04, 2008 1:40 pm
by ianmillington
Posted: Mon Feb 04, 2008 4:30 pm
by Skippy
Most people see the judge on the day of their BR. S/he will ask you if you have taken professional advice, and if you can answer yes they will sign your BR order.
Some people have to wait at the court to speak to the OR, but I had to wait for them to contact me and was told that if I hadn't heard from them within a week to contact them myself. The examiner phoned the next day to arrange the date and time of my interview.
My interview was on the phone, although some people do have to have a face to face interview - you may have to as your hubby is self employed.
Once the interview is over you may hear from the OR again if something needs clarifying, but I think that most people don't actually hear from him / her again.
Posted: Mon Feb 04, 2008 5:27 pm
by chris.g
Thanks, I'm also now aware that we will need documents for the OR but not sure what documents they will be. I'm assuming that they will be letters from creditors stating names and addresses for them so the OR will be able to contact them. Most of our debts have been passed onto collection agencies and to be honest we have just moved house in Dec and everything is still packed - that's if we still have them as we had been shredding letters, not realising we would need them. Will time be allowed for us to get the papers if we don't have them?
Posted: Mon Feb 04, 2008 6:07 pm
by ianmillington
Hi again Chris
Obviously you need to gather evidence of your assets and liabilities as you have mentioned. So far as debts are concerned, up to date statements ought to suffice. There aren't any specific forms you need for the OR. If the OR wants you to fill anything in, he'll send them to you. At this stage the only forms you need are the form 6.27 (petition) and 6.28 (Statement of Affairs) which I assume you've filled in. The 6.28 is the longest-winded document that you'll fill in during the course of the bankruptcy.
ian
Posted: Mon Feb 04, 2008 6:18 pm
by chris.g
The only asset we have is the house that we moved out of, without sounding stupid, what documents would we produce for that, the mortgage agreement?
Posted: Mon Feb 04, 2008 6:27 pm
by ianmillington
If you do have the mortgage statement that would obviously help. Presumably you have handed the property back to the Secured Lender and it's awaiting sale?
I assume you have already filled in the form 6.27 and 6.28 - the latter document is 30 pages long. The Court will require this on Wednesday so I hope you have already filled it in. Assuming you have, in that form you will have disclosed all your assets and liabilities including values so anything that helps to verify the figures, and identify creditor references will help, as the OR will wish to write out to them all. However, if the evidence simply isn't available then there's not much can be done at this stage.
Posted: Mon Feb 04, 2008 9:02 pm
by Skippy
Ian, the 6.28 is the longest form you'll fill in for anything, not just BR!
Chris, I was sent a BR 'pack' from the OR telling me what they needed me to send them. I can't remember off the top of my head what they asked for, but if you have a look at my blog I posted all the details there.
One thing I will say is that if you don't have something the OR asks for don't worry as they can get the information from your creditors.
Have you confirmed with the court how many copies of the BR forms you need to take with you? Some courts want one copy and others want three copies. I didn't take enough and had to pay the court £7 to make another copy for me!
Good luck for Wednesday, and please let us know how you get on.
Posted: Mon Feb 04, 2008 9:19 pm
by scaredkez
hubby and i were seen together by the judge, it was all over within 5 minutes, seeing the clerk takes the longest, make sure you have 3 copies like skippy says, we were sent straight to our OR on the day for a preliminary interview and then they arranged for us to go back 10 days later for an interview where you are seen separately and asked how you got into debt and what did we spend money on down to the penny on some loans so make sure you know what you spent big amounts on, we weren't asked for any paper work, we were with the OR for 3 hours and i sat in on my hubbies interview as he is dyslexic, his lasted only a short while as they had gathered everything from my interview, good luck.
kerri