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Dougie

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Post by Dougie » Fri May 14, 2010 2:04 pm
Little OT for this forum but in Bankruptcy if it is calculated that we had little or no disposable income, could we be forced into a cheaper property by the OR. (Renting not mortage).
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Adam Davies

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Post by Adam Davies » Fri May 14, 2010 2:25 pm
Hi
I don't believe so.
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Michael Peoples

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Post by Michael Peoples » Fri May 14, 2010 2:46 pm
http://www.insolvency.gov.uk/freedomofi ... t_2.htm#36

If it is deemed that your mortgage costs are excessive you could be obliged to sell and rent. See section 31.7.36 on the above link. As Andy says it is unlikely but it is a possibility.
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Dougie

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Post by Dougie » Fri May 14, 2010 2:58 pm
But if already renting?
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wannabedj

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Post by wannabedj » Fri May 14, 2010 3:20 pm
A friend of mine was asked by the BR people if they were able to down grade! In terms of the size of their house they were renting! They pay over £1K PM renting a 4 bed detached house and was asked to re-locate to £500PM smaller house. They said no as they need the room for their elderly parents (advice given to them by their solicitor).
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Michael Peoples

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Post by Michael Peoples » Fri May 14, 2010 3:34 pm
If anything is deemed excessive the OR may try and extract additional funds for creditors. I am sure there has to be limits even for renting but nothing is set in stone.
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Adam Davies

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Post by Adam Davies » Fri May 14, 2010 4:51 pm
Hi
Would they have powers to force a downsize Michael ?
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MelanieGiles

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Post by MelanieGiles » Fri May 14, 2010 8:25 pm
Yes they can - but I think it would be a brave OR who would want to see this all the way through. The mortgage company for instance might be quite upset to suffer a shortfall on sale if the bankrupt was affording the mortgage payments for instance.
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