| T O P I C R E V I E W |
| Helen030166 |
Posted - 27 June 2008 : 15:33:25
Hi, after much careful thought and planning and after having no choice in the matter myself and my partner have decided to go bankrupt, get a priate rented house and hav a fresh start! On the bankruptcy forms it asks if an of the debt incurred is through gambling. I have had to admit that my partner has had a gambling problem over a few years which he admits has contributed to part of our debt.... I have filled in the part where it mentions this in the bankrupcy forms and also included this in our statement of affairs.
However, my quandry is that my partner is self employed and rather than going out to work he is sitting at home playing online poker and although he is winning at times money is still coming out of our bank account to pay for this!!!! I have tried to tell him to stop but then he will win and feel justified at putting some money back in the bank which he says is tax free! The OR will need to see bank statements which will show this and im scared to death that even the Judge will throw the bankruptcy out of court because he is STILL gambling!! ? Is this likely to happen as If I pay £1,000 out for the bankrupty and it is thrown out of court its not fair when i'm trying to work and do everything right to sort this mess out!!
Helen x
Thanks for your Help,Helen x |
| 12 L A T E S T R E P L I E S (Newest First) |
| JulianDonnelly |
Posted - 02 July 2008 : 11:45:34
Hi Helen,
It is likely that the OR will insist your partner receives professional help for his gambling problem, and he will probably get a BRO/BRU which is completely seperate to you.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| eamonn |
Posted - 02 July 2008 : 00:05:20
good luck helen i hope everything works out for you
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| m and v |
Posted - 30 June 2008 : 20:25:21
That's really good news Helen.
Hope you can get your other half to see sense. You could always hide the keyboard!!!
Take care - let us know how you get on
Vicki x |
| Helen030166 |
Posted - 30 June 2008 : 20:19:19
Hi everyone, and thankyou all for your help and advice - I really do appreciate it xx I also phoned the BR helpline up on here and a really nice chap rang me today and assured me that the BRO/BRU orders would not affect my BR order because they are individual and I'm not the one whose been gambling. He said that everything I've got sorted is right and on the right track but that I have got to make my partner see sense and admit he's got a gambling problem and agree to seek help and face up to it with the OR when we petition BR.
Looks like I've go my work cut out for me, wish me luck xx
Thanks for your Help,Helen x |
| m and v |
Posted - 30 June 2008 : 18:46:48
Hi Helen, when you go BR the judge needs to establish that you have taken advice and are aware of the implications of BR. I haven't heard of BR being refused so I wouldn't worry onthat score.
As Melanie said - the OR looks at the reasons for your debt and I am afriad will be most interested in your partners gambling and how that has contributed.
Under a BRU/BRO you are held under the BR restrictions for a longer period - sometimes years - and whilst they probably won't affect you dramatically they do mean no credit over £500 for the duration of the BRU/BRO, as well as all the other BR restrictions.
It would help your case if your partner could tell the OR that he was seeking help - that's up to him of course before BR.
Hope this helps you a little - please keep posting questions and we will do our very best to support you.
Take care
Vicki x |
| eamonn |
Posted - 30 June 2008 : 18:21:39
what do you think julian |
| melanie_giles |
Posted - 30 June 2008 : 00:04:23
It is unlikely that your partner will be refused a bankruptcy order due to his gambling, but if he has habitually gambled and this has contributed to his financial difficulties, a BRU or a BRO could well ensue.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
| Viki.W |
Posted - 29 June 2008 : 23:59:31
Helen, I'm not sure where the BR experts are, I know Melanie is around on the IVA site so hopefully she'll be over soon to help you. Please hang in there, I know this is really hard for you. Viki X |
| eamonn |
Posted - 29 June 2008 : 23:56:32
i'v put this reply to get this question back at the top, can somebody answer her question you can tell she is desperate, |
| Helen030166 |
Posted - 29 June 2008 : 14:58:26
hi everyone, i don't mean to be nagging about this problem BUT I would appreciate some advice about this situation! It's not my fault that my partner is being stupid about this - Ive done all the paperwork and phonecalls to the CCCS etc and sorted us out somewhere else to live and its made me quite ill and im worried sick about it all because I know the seriousness of it all and I am TRYING to sort our lives out to the best of my ability but i feel im fighting and losing battle here!!
I seriously don't know what to do for the best I believe that going BR and finding a cheaper rented house and losing our own home would be enough to stop him gambling but obviously he has got a major problem!!! :(
Please can someone advise me whether the OR will allow us both to go BR under these conditions and also if he allows me to go BR but not my partner what are implications on joint debt etc., i'm at my wits end and I thought I'd got everything sorted but i'm not so sure now? :(
Thanks for your Help,Helen x |
| eamonn |
Posted - 28 June 2008 : 01:22:49
hi helen030166, as i understand it if for any reason your pettion was to be refused you would get your fees back, does your partner not realise that his gambling is putting you into bankruptcy i would have thought this would be enough to make most people stop,( ok lecture over sorry) you may be better off making yourself br and then disassoiating yourself financially from your partner so that you cannot be held responcible for his debt now or in the future,you probebly need to speak to one of the experts on the forum i'm sure one will be along soon |
| Helen030166 |
Posted - 27 June 2008 : 16:13:30
Also, i have recieved a CCJ today for one of my creditors and they say i need to pay £5 a month starting on the 17th of july 2008 but we are planning the bankruptcy on the 18th of july so do i still pay this or leave it forhe OR to sort out?
Thanks Helenx
Thanks for your Help,Helen x |
