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Suzanne.12
Starting Member
5 Posts |
 Posted - 15 May 2009 : 05:55:48
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Dear Sir/Madam
I recently had an IVA that failed due to my being made redundant. I am now unemployed and do not own my own home or a car and thought the best option would be to go bankrupt? However I have a partner of 20 years who does own the property we live in, in his sole name; none of the debts are joint debts; will I still be able to become bankrupt? my partner earns 2k a month which is spent on mortgage, council tax, bills, food clothing etc; we also have 2 small children. I would appreciate any advice you can give me. thanks so much.
Suzanne |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 15 May 2009 : 08:01:46
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Hi Suzanne,
If you don't have any assets or income and it doesn't look like you will obtain new employment within the near future then BR is probably the best option.
Your partner's income or debts will not be affected and you won't need to pay an IPA while you are on JSA. Before you are able to declare BR you will need to have the IVA failure certificate from your IP. |
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Suzanne.12
Starting Member
5 Posts |
Posted - 15 May 2009 : 09:10:49
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Thanks so much for your reply. I did speak to a company whose name I found on the internet regarding information about bankruptcy and they told me as I have been with my partner for 20 years they will still look at both of us as a unit not as two separate people with separate debts; they advised me I could not go bankrupt because of this? although the debts I have are in my sole name and not joint. I do have the certificate from my IP; do you know the next best step to take? Do I contact one of the National Debtline numbers to obtain the relevant information to go about declaring myself bankrupt? thanks so much for your advice.
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 15 May 2009 : 09:37:07
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It's much better to speak to the National Debtline or some of the experts on this board as the industry appears to be completely unregulated and some of the companies you find on the Internet do not have your best interest at heart.
The amount of time you have been with your partner doesn't have any bearing on the issue and several other people on this board have declared BR while their partner hasn't. You situation seems simpler as there aren't any joint debt and the property isn't in your name.
You can speak to the National Debtline to confirm this and then it is just a case of completing the 6.27 and 6.28 forms (http://www.insolvency.gov.uk/doitonline/doitonlinemenu.htm) to detail all of your creditors.
Once these are completed you should call your local court (http://www.hmcourts-service.gov.uk/HMCSCourtFinder/) to find out their procedure. Some courts need you to book an appointment in advance for the BR. You will also need to save the £510 fee/£522 if you are going to the High Court. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 15 May 2009 : 09:44:35
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hi
just a quick note, there is a reasonable possibility that the Official Receiver would view the partners property and may assume that you have some "beneficial interest" in this due to the time you have lived there and the contribution you have made to the household.
I would be interested to see how the IVA company has viewed the house and also have they looked at partners income when calculating the iva contributions.
Delicate area and i would suggest you speak to an expert to review the position before taking the leap.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
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Suzanne.12
Starting Member
5 Posts |
Posted - 15 May 2009 : 11:14:19
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Thank you both for your helpful advice. In my original IVA it mentioned how the property was owned in my partners sole name. It also states that I believe that I do not have any equitable interest in the house as the house has been owned by my parter since it was acquired. It is only since I returned to work in 2004 that I have made a modest contribution towards the mortage payments from my income. any other advice would be really helpful. I have tried National Debtline this morning and it is on a constant hold.
thank you.
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 15 May 2009 : 19:48:57
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Hi
suggest you speak to one of the experts here on the forum.
you can contact us via our website links and I would suggest that a discussion about the possible consequences and an understanding of the process would be beneficial
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 15 May 2009 : 20:05:36
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Hi Suzanne,
Unfortunately the National Debtline, CAB and CCCS and completely swamped at the moment so, as Paul mentioned, contacting one of the Forum experts may be the best option. They provide free initial advice and only charge if you decide to take their services and there is nothing wrong with speaking to them and other advisors. |
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Suzanne.12
Starting Member
5 Posts |
Posted - 17 May 2009 : 10:40:18
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Thank you both for your helpful advice. As recommended I have contacted Paul at Reviva for some further advice.
thank you again.
Kind regards
Suzanne
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Topic |
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I recently had an IVA that failed
