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 Hello. I'm probably having to go bankrupt

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T O P I C    R E V I E W
monkey Posted - 11 November 2008 : 14:43:09
Hello. I'm probably having to go bankrupt and wanted to ask about the timing of any possible charging orders that may be placed on my property if I start missing payments before going bankrupt. I've read one reply on your forum which suggests the whole charging order process could take 3 months and provided I could successfully go bankrupt before then, it would avoid the charging order being applied. Failing that, the charging order WILL be applied, and will remain even after bankruptcy. Is this right? And if so, my questions are:
1) To 'successfully' go bankrupt. Does that mean the whole bankruptcy process would have to be complete by the time of the charging order hearing to avoid the charging order being applied? Or would I just have to START the bankruptcy procedure? How long does the process take?
2) I haven't yet missed any repayments on my debts and would prefer a couple of months breathing space before starting bankruptcy, just to think, breathe, and finally weigh up any options. However, next month I won't be able to meet my debt repayments so will either have to start missing them or doing token payments. I'm just after some kind of feel for how eagerly lenders jump straight to a charging order. If they get any whiff of my trouble (i.e. by me giving token payments) are they likely to go out straightaway and begin applying for a charging order, or in general, if I've not missed anything yet and give a plausible reason (e.g. cash flow) for not having the money, "and I hope to resolve this shortly blah blah...", are they likely to give me a couple of months on token payments before thinking about a charging order? I'm sure this is very dependent on lenders, but I just want some kind of idea. (Most of my lenders are ordinary high street ones, although I do also have a loan with Welcome Finance). Thanks very much.
3   L A T E S T    R E P L I E S    (Newest First)
gally Posted - 12 November 2008 : 10:29:13
morning monkey i "probably" thought about going BR only months after a failed business venture.i used all my remaining capital to continue 'minimum payments'and looked around for various options on how to repay, looked at IVA s a DMP adding to my mortgage the lot, spoke to ca, cccs and many more . i did however listen to lots of pub talk and found myself completly unsure lost and scared (having a nice house 2 fantastic young kids and a wife who stood behind me )i have gone BR found a new job and starting over again .the important thing to remember is and i should have done it is to speak to an expert on this matter rather than to mentally bluff your way through . this site has advised me on numerous issues things i never even thought of . BR hit home to me not with the OR but at the court when i asked about creditors chasing me and the reply from the clerk as she took my money was "no one can chase you now you are bankrupt " Dont do what i did and half attempt to hide the facts from yourself speak to an expert and Paul Johns does seem to know his thing hope this helps . reality is fantastic when you know the facts
got there Posted - 11 November 2008 : 19:21:51
Yes, I would second that debtrider the advice that Paul Johns gives is second to none, he definately helped me, would have been lost without his insight about the whole process.

x
debtrider Posted - 11 November 2008 : 19:17:53
Hello Monkey

Welcome to the forum. I stopped paying my creditors in June and missed 2 Mortgage repayments. I went bankrupt on 20th October and all I had was telephone calls and threatening letters through the post. I don't think your mortgage provider will do anything until you a have missed at least 3 payments. So I would not worry about any charging orders on your house until after this period.

In saying this I had expert advice from Paul Johns from Riviva UK to help me through my bankrupcty.

All the Best

Debtrider


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