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 if the judge decides i cannot declare bankrupt
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gemz83
Starting Member



1 Posts

Posted - 11 July 2009 :  23:33:36  Show Profile  Visit gemz83's Homepage  Reply with Quote
if the judge decides i cannot declare bankrupt will i get my fee back

debtinfo
forum expert



2826 Posts

Posted - 11 July 2009 :  23:38:52  Show Profile  Reply with Quote
It would be very unusual for that to happen, what are your circumstances
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 12 July 2009 :  09:01:34  Show Profile  Reply with Quote
As debtinfo says - it is unlikely to happen.

The glimmer gets brighter all the time

Jan
xx
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gettingoutofdebt
forum expert



2418 Posts

Posted - 12 July 2009 :  09:38:28  Show Profile  Reply with Quote
I doubt if you would get your fee back but the only reasons that a judge would refuse BR is:

- If you Centre of Main Interests is not the UK i.e. you reside in another EU country (this would normally be picked up by the Bankruptcy Clerk before it got to the judge)
- If you hadn't sought professional advice about declaring BR
- If the forms weren't filled in correctly (this would normally be picked up by the Bankruptcy Clerk before it got to the judge)
- If you were in an IVA that hadn't failed.

During the OR's interview/investigations they also have the power to request the judge annuls the BR if you are not insolvent i.e. your income is greater than your outgoings at the time you declared BR.
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 12 July 2009 :  14:46:59  Show Profile  Reply with Quote
I agree - as far as I know you wouldn't get your fees back if BR wasn't allowed. However if you have taken advice before going to court this shouldn't be an issue.

Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/

24 IPA payments made, 12 to go - on the home straight!
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