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BANKRUPTCY WIZARD |
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> Should you go bankrupt? |
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Complete the Form to see if you should go bankrupt.
Please note that this is based on a
simple calculation and you should seek
professional help before you decide on
your course of action. Please feel free
to post your questions on our
bankruptcy forum. |
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MORE INFORMATION ABOUT BANKRUPTCY |
| > What is bankruptcy? |
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Bankruptcy is an option when you have little or no income in order to make any kind of monthly payment to your creditors. The Court will take away from you the responsibility of paying your debts. Bankruptcy usually lasts 12 months, after which time, any unpaid debt is written off.
Pros
- Creditors are forced to accept less money than is owed.
- It is legally binding so creditors cannot change their minds.
- Once discharged (usually after 12 months), most debts are written off and creditors cannot pursue them.
- The administration, decision making and payment process of the debts is done by a third party.
- You no longer have to deal with your creditors which may have been causing you stress and worry.
- You typically pay less with a bankruptcy order than with an IVA.
The Cons
- A bankrupt cannot hold certain positions and therefore may lose their job. This includes public offices, such as MP, councillor or magistrate, and certain professions, such as solicitor and accountant. A bankrupt is also forbidden from being a trustee of a charity or a pension fund, or a company director.
- If found to be blameworthy, culpable or dishonest, you may be subject to a Bankruptcy Restrictions Order which can extend the bankruptcy up to 15 years.
- If you own a business, this may have to be sold.
- It is hard to obtain a current account. However, there are some very basic accounts offered by some banks.
- It is not a free process. Despite what many people think, bankruptcy can be expensive, with fees payable to the insolvency service, courts and any trustee are taken out of the debtor's assets.
- Not all debts can be written off. Debts excluded from bankruptcy include: child support payments, debts to secured creditors (e.g. mortgages), debts from personal injury claims, debts incurred through fraud.
- Some tenancy agreements contain a clause stating that an undischarged bankrupt cannot be a tenant so you may have to leave your rented home.
- You are unlikely to be able to obtain credit.
- You will almost certainly have to sell your home if it contains equity.
- You will lose any assets of value. However, you might not have to sell them until after the bankrupt has been discharged.
- Your name will be published in the London Gazette and the local press.
For a more in depth look at pros and cons of Bankruptcy then
Bankruptcy Pros and Cons click here ... |
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