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Searcher
New Member
60 Posts |
 Posted - 25 July 2010 : 01:38:02
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It is probable that my partner and I will both file for bankruptcy at the same time, so my question is will it be possible for us to be processed together, so that we only have to see the Judge once?
Also, would the Official Receiver combine our applications to avoid a doubling up of paperwork that we have to fill in and also the interviews etc?
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 25 July 2010 : 08:31:27
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The applications need to be completed separately and, if you need to see the Judge, this would also be separate but could be one straight after the other.
Sometimes the OR's interview is also done one straight after the other i.e. you may be the first to be interviewed and then once you are finished you hand the phone over to your partner for her interview. If this is the case then the person who has the second interview is only normally on the phone for a very short amount of time as a lot of the information has already been provided by the first interview. |
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debtinfo
forum expert
2826 Posts |
Posted - 25 July 2010 : 08:54:47
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| You seem to indicate in another post that you may have been trading, were you in partnership with your partner. If Yes then you can have a partnership bankruptcy (saves on fees, but still interviewed seperatly), if not then in the eyes of the law you have totally seperate bankruptcies |
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Searcher
New Member
60 Posts |
Posted - 25 July 2010 : 16:08:22
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quote:
Originally posted by gettingoutofdebt
The applications need to be completed separately and, if you need to see the Judge, this would also be separate but could be one straight after the other.
Sometimes the OR's interview is also done one straight after the other i.e. you may be the first to be interviewed and then once you are finished you hand the phone over to your partner for her interview. If this is the case then the person who has the second interview is only normally on the phone for a very short amount of time as a lot of the information has already been provided by the first interview.
I presume they would always appoint the same OR where it is a husband and wife situation, otherwise it would be unnecessarily complicated and time consuming.....
In the event that the interview is in person (I believe that this sometimes happens when you are self employed etc), can you be interviewed together or would that be one after the other as well (rather like the phone version)? |
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Searcher
New Member
60 Posts |
Posted - 25 July 2010 : 16:32:00
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quote:
Originally posted by debtinfo
You seem to indicate in another post that you may have been trading, were you in partnership with your partner. If Yes then you can have a partnership bankruptcy (saves on fees, but still interviewed seperatly), if not then in the eyes of the law you have totally seperate bankruptcies
To be honest, I have always found this “partnership” status difficult to understand. Originally, my wife became self employed and ran a small business from home and therefore was deemed by the Inland Revenue to be a Sole Trader. Later on, I joined in and we have to fill out a Partnership tax return each year (as we are both self employed.)
I understand that a partnership has no legal existence distinct from the partners themselves – we are not in a Limited Liability Partnership. There is no written agreement, no money was raised for the business partnership and it has no debts. All our debts (ie loans and credit cards) are personal ones. We are unsure if, given our circumstances, we would benefit or be able to apply for a partnership bankruptcy?  If so, how much does it cost (we are on Working Tax credit, btw)?
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debtinfo
forum expert
2826 Posts |
Posted - 25 July 2010 : 16:43:41
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If the partnership has no assets or debts, then you cant do a partnership bankruptcy, so it will be seperate bankruptcies.
Usually if yo have face to face interviews, then you can sit in on each others interviews for support, but normally one would be expected not to say anything while the other was being interviewed. The OR can ask one to leave if they feel they are interfering with the others interview.
The reason for this is because in some situations one could be preasuring the other into what to say. But most of the time its fine to have the other there |
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Searcher
New Member
60 Posts |
Posted - 25 July 2010 : 16:51:24
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quote:
Originally posted by debtinfo
If the partnership has no assets or debts, then you cant do a partnership bankruptcy, so it will be seperate bankruptcies.
Thanks for this - I thought it was probably the case.  |
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Filing for BR at same time as partner
