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Bankruptcy and Family payment

Posted: Sun Mar 28, 2021 1:07 pm
by Mart7379
Hi guys
I am new to this group. So please be gentle, I’m just looking for advice.

I’ve struggled with debt for many many years, after speaking with a couple of debt charities I am advised to file for Bankruptcy, or an IVA, I don’t actually want to enter into an IVA as I feel it will just drag the debt on for longer than I want it too, baring in mine I’ve been struggling with it for many many years.

I currently make weekly payments to my Parents on a weekly basis from my wages. This is just simply financial help for my parents. I have not filed a bankruptcy application yet, but when I do, will the adjudicator or Official receiver deem this as an unnecessary expense and order it to be stopped with the money sent to parents taken in any possible IPA

Thank you for any advice.

Bankruptcy and repayment of loan from family member.

Posted: Sun Mar 28, 2021 1:32 pm
by Mart7379
Hi guys
I am new to this group. So please be gentle, I’m just looking for advice.

I’ve struggled with debt for many many years, after speaking with a couple of debt charities I am advised to file for Bankruptcy, or an IVA, I don’t actually want to enter into an IVA as I feel it will just drag the debt on for longer than I want it too, baring in mine I’ve been struggling with it for many many years.

I currently make weekly payments to my Parents on a weekly basis for a loan my parents gave me last year. I have not filed a bankruptcy application yet, but when I do, will the adjudicator or Official receiver deem this as an unnecessary expense and order it to be stopped/written off and taken towards any possible IPA

Thank you for any advice.

Re: Bankruptcy and Family payment

Posted: Sun Mar 28, 2021 2:34 pm
by Foggy
OK -- slightly differing versions of the circumstances here, but will boil down to much the same thing. In BR any loan you are repaying will be part of the deal and you will not be permitted to repay this loan from your parents outside of the bankruptcy, if they are declared as creditors.

If this is, indeed, not a loan repayment but simply a child aiding his parents, it will probably not be allowed as an expense and this sum will be expected to be included in any IPA.