i have been sent court papers to be made bankrupt the debt was ran up by an ex partner and he is already bankrupt. i am married now will the court be able to pursue my new partner to clear the debt i am a full time student and pregnant so my new partner is supporting me and my son am really worried
your husband is unlikely to be pursued for the debt as such. Although there could be an issue if you are living in a mortgaged property. If you are but you have never made contributions to the household through your own income then the property is safe.
If you have no property or other major assets then you'll be fine as long as you get the details down on the court papers correctly.
thats great we live in a council house so there is no mortgage we have a car but it is on hire purchase and he pays for that it is nothing to do with me i have no assets at all or savings.
then all should be well. All you need to ensure is the Income and Expenditure sections are completed in such a way as a) you do not claim any essential expenditures to the household which are over and above the allowances permitted by the OR, and b) you ensure that the total income to the household does not exceed the total expenditure figure.
Therefore there is no disposable income as such. This is simple to acheive by asking questions on this forum when you are listing the details in these 2 particular sections.
I have been carrying out some research on the issue and so as to put your mind at rest - if you declare bankruptcy and have no income then it's irrelevant what you list as household I&E as all DI will be from your partner's income, who is not declaring bankruptcy.
In this circumstance an IPA cannot be proposed by the OR.
there is one more thing tho my husband has a flat that he is trying to sell he still pays the mortgage on that as well as supporting us we are extemely strapped for cash should i make the courts aware of this what do i do when i attend court just i have not spplied them with any info just been sent the papers as they want to make me bankrupt confused !!!!
this property is safe as long as you have never made a financial contribution towards it, which I suspect is the case. You do not therefore need to make any mention of it either on the SoA or at interview.
thank you john you have helped me very much this website is fantastic and you are a credit to it you advice is just what i needed, there should be more people like you around to help people in their hour of need again many thanks for your support and knowledge
i have been sent court papers to be made bankrupt
Posted - 24 January 2009 : 22:35:21
