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Look here first - Bankruptcy Help: Important topics, factsheets and links

Charities who help with BR Fees

The Bankrupt Inn ~ Part 12

Bankruptcy Help: Other important topics, factsheets and links

Note: This is a work in progress, so it is gradually being added to. Any suggestions are welcome, but I am trying to keep this as a useful links database rather than any type of guide.

From Martin: Welcome To The Bankruptcy Board

Quote:

Originally Posted by MSE Martin What's it all about? Whether you've been through it and want to share your experiences or are contemplating it, the aim of this board is a mutual support and guidance for those thinking about bankruptcy. Bankruptcy raises many issues - is it too easy or too tough - does it allow people to escape their obligations? All those are valid discussions. Yet bankruptcy is also a way out for people desperately in the dark mire of debt, and a lifeline to being able to begin again after drastic and often tragic change of circumstance. Therefore this board is here for practical help and support, it's not here for moral judgement and I would kindly ask everyone to remember that. If you are considering going bankrupt, you should never do so without proper advice, from one of the non-profit debt counselling agencies as listed in the Problem Debt Help article Martin

Advice on bankruptcy

The court/judge will normally ask whether you have taken professional advice that bankruptcy is in your best interest. If they believe you have not taken proper or sufficient advice then your bankruptcy may be refused. There are many places and organisations that you can get advice from, but the ones that people on this board have found most useful are listed below:

Main recommended sources of help:
StepChange Debt Charity - Website: StepChange Telephone: 0800 138 1111
National Debtline - Website: National Debtline Telephone: 0808 808 4000
Citizens Advice Bureau - Website: Citizens Advice or visit your local CAB centre (find nearest)

Others:
Business Debtline - Website: Business Debtline Telephone: 0800 197 6026
Christians Against Poverty
PayPlan
TaxAid - Help with tax debts.

For general queries about bankruptcy you can contact:

The Insolvency Service Enquiry Line - Tel: 0845 602 9848 - Email: insolvency.enquiryline@insolvency.gsi.gov.uk

(Please be aware that the enquiry line cannot give debt advice or counselling or advise you whether you should go bankrupt. They can only answer general/technical questions on bankruptcy)

Many people find that debt and bankruptcy is the cause or result of a period of great distress and anxiety in their lives. For some this can reach a stage where it is difficult to cope. So I would remind you that The Samaritans are available to help you through your troubles if the emotional side threatens to become overwhelming.

Please also read the info on Debt Relief Orders.

Citizens Advice Bureu: Debt relief orders

National Debtline factsheet: Debt Relief Orders

For help on acronyms/terms, please see: Glossary for Bankruptcy & Living With It

General information on bankruptcy.
Official Insolvency Service publications and factsheets - Main index
Statutory demands
How to deal with debt and pay your creditors
Bankruptcy: how to ask to be declared bankrupt
Bankruptcy: how to make someone bankrupt
Bankruptcy: guidance for potential or current bankrupts
Bankruptcy: alternative options for people in debt
Debt relief order flyer
Insolvency: fast-track voluntary arrangements
Bankruptcy: apply to have a bankruptcy order cancelled
What happens when you are interviewed by the official receiver?
Bankruptcy: how it affects your home
Bankruptcy: how it affects your bank account
Bankruptcy: how it affects your pension
Insolvency: what will happen to my motor vehicle?
Income payments orders and agreements
Bankruptcy: restrictions orders
Debt relief orders: a low-cost alternative to bankruptcy
Bankruptcy: when and how it ends
Bankruptcy: guidance for transgender people
Debt relief orders: restrictions order
Liquidation: how to wind up a partnership
Insolvency: guidance for creditors
Petitioning at the high court? - Help on the day (MSE)

Court fee remission and forms.
HMCS - Court fees do you have to pay them? (The form and guidance on completing the fee remission form included). (pdf)
Example application for a fee remission based on gross annual income - EX160 (Thanks to NE Derbyshire CAB)
Example application for a fee remission based on permitted benefits - EX160 (Thanks to NE Derbyshire CAB)
Possible assistance with Bankruptcy costs / fees (Thanks to NE Derbyshire CAB)

Completing the bankruptcy petition and Statement of Affairs.

Forms to print and fill in:-
Debtor's Petition (Debtors Bankruptcy Petition (DOC, 47 Kb)) and
Statement of Affairs (Statement of Affairs (Debtors Petition) (DOC, 314 Kb)).
Example completed forms and guidance notes:-
Debtor's Bankruptcy Petition 6.27 Example (Thanks to NE Derbyshire CAB)
You may find it helpful to look at the Example for completing a bankruptcy petition form 6.27 (DOC, 56 Kb) and the Guidance Notes (DOC, 73 Kb) for completing Form 6.28.
Statement of Affairs (Debtor's Petition) 6.28 Example (Thanks to NE Derbyshire CAB)

Bank Accounts.
What will happen to my bank account? (IS)
Bank Accounts & Bankruptcy (MSE)
Basic bank accounts

Income Payment Agreements/Orders.
Income Payment Agreements & Orders
Income Payment Agreements/Orders info and calculator NEW from NED CAB
Urgent news on IPA's - Changes for BRs after 01/12/2010
Tech Man - IPO / IPA (Income Payment Orders and Income Payment Agreements) (IS)
Nil tax (NT) coding/IPAs (MSE)
Annex A Assessment of real disposable income where the bankrupt's income is derived in part from state benefits
Annex B - Guidance on the assessment of real disposable income where the official receiver seeks to claim a lump sum payment
Annex C - Illustrative examples to support Annex B guidance where the official receiver seeks to claim a lump sum pension payment under an IPA/IPO
Annex D (April 2012) - IPA/IPO Expenditure Guidelines
Income payment - Household spending - Spreadsheet showing average UK spending calculated from the Office of National Statistics publication Family Expenditure Survey
IPA calculator Post 01 December 2010

Insolvency Records On-line.
Individual Insolvency Register - Main page.
Individual Insolvency Register - Search form.
The London Gazette - Main Page
The London Gazette - Advanced Search.

Bankruptcy Restriction Undertakings / Orders.
Bankruptcy: restrictions orders

Your home/property.
Dealing with property interests from 1st Jan 2011 ---> Discussion thread
What will happen to my home? (IS)
If my house is sold sometime after the bankruptcy order is any shortfall on the mortgage still a debt in my bankruptcy?
Charging orders in the county court - National Debtline factsheet (useful if a creditor is trying for a CO before your bankruptcy)

Cars and bankruptcy.
OR's Case Help manual - Motor Vehicles
What will happen to my motor vehicle (IS factsheet)

Council Tax

Problems with unpaid CT - thread: Bankruptcy, council tax and the local government ombudsman !

Pensions and bankruptcy.
What will happen to my pension?

After acquired property.

After Acquired Property (June 2009) (Includes Can the trustee claim property due under a will?)

Bankruptcy and the overpayment of state benefits.
OR's Technical Manual - Recovery of overpayments of state benefits (Read from paragraph 40.44)

Discharge from bankruptcy.
FAQ - The Discharge Process (IS)
OR's Case Help Manual - Discharge From Bankruptcy

Foreign Issues.

FAQ - Foreign Issues (IS) - Includes:

How can I make myself bankrupt if I live abroad?
Do the bankruptcy restrictions apply when I go abroad?
Does a bankruptcy order affect my assets abroad?

Credit Reference Files.
Credit Reference File Clean Up Post Bankruptcy (MSE)
Credit Reference Agencies: Experian, Equifax and Callcredit
Information Commissioner's Office - Credit Reference Files
Information Commissioner's Office - Bankruptcy - frequently asked questions
Information Commissioner's Office - Data Protection Public Register (search)

Miscellaneous.
Bankruptcy Income Payment Order and loss of Housing Benefit - OP in this topic lost housing benefit due to increase in income from the NT tax code, despite that extra income having to be paid to the OR. This thread follows their (apparently successful) fight to get this ludicrous situation put right.
Insolvency Service Complaints Procedure (PDF, 132 Kb)
Make an online complaint about how your case has been administered.
Social fund loans in bankruptcy from March 19th 2012

Best answers:

• Continued.............
• 
  National Debtline Factsheets (England & Wales)
• Dealing with your Debts (England & Wales)
• Weekly Personal Budget Sheet (England & Wales)
• Monthly Personal Budget Sheet (England & Wales)
• Administration orders in the county court
• Attachment of earnings in the county court
• Bailiffs and Council Tax
• Bankruptcy
• Catalogue debts
• Charging orders in the county court
• Credit reference agencies
• Dealing with debts in the High Court
• Debt Management Plans (DMP)
• Harassment by creditors
• Homelessness
• How can my landlord end my assured tenancy?
• How can I complain about my lender?
• How to avoid debt at Christmas
• How to deal with business debts
• How to deal with hire purchase debt
• How to make offers in full and final settlement
• How to set aside a judgment in the county court
• Interest charges on a consumer credit judgment
• Individual Voluntary Arrangements (IVA)
• Liability for debts and the Limitation Act
• Magistrates court fines
• Mortgage shortfalls
• Negative equity - what can I do?
• Parking penalties
• Replying to a county court claim form
• Review pack for people who can afford to make payments
• Review pack for people who have no available income
• Student debt
• Suspending a warrant or reducing instalments on a county court judgment
• Time orders in the county court
• Water rates arrears and water trust funds
• What if a creditor refuses my offer?
• What to do about debt when someone dies

National Debtline Factsheets (Scotland)

• Bankruptcy
• Credit reference agencies
• Debt Arrangement Scheme (DAS)
• Debt management plans
• Enforcing a debt against you by diligence
• Fines in the district & sheriff courts
• Harassment
• Homeless - what should I do?
• How can I complain about my lender?
• How can my landlord end my assured tenancy?
• How to avoid debt at christmas
• How to deal with business debts
• How to deal with Hire Purchase debt
• Liability for debts & the Prescription & Limitation (Scotland) Act 1973
• How to make offers in full & final settlement
• Mortgage shortfalls
• Negative equity - What can I do if I want to move?
• Recall of decree
• Recovery of council tax
• Time orders
• Time to pay directions & orders
• Trust deeds
• What happens when a creditor takes court action against you?
• What if a creditor refuses my offer of payment?

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• Well done Fermi thats an excellent idea.
• Excellent idea Fermi.
  How about some info on court fee remissions? At least a quarter of people who come in with their bankruptcy packs all done get turned away because their remission is wrong or incomplete.
  x x
• One question that seems to pop up frequently on this board is "Can I keep my Car?" I see that you have something about what will happen to my home.....what about a similar one for the car?
• Brilliant idea and post fermi How about something to do with RTLU as I had to search when my letter came through last week and it seems to crop up fairly often.
  Keep up the excellent work
  December
• I'm struck by the number of newbie posts that are basically totally panicked about what order to do things in (mine too, way back whenever it was).
  What about a very simple checklist, ie
  1. Make a list of all your creditors, debts, assets
  2. Get professional advice
  3. Phone court and check their system for appointments
  4. Start saving for court fees/planning to move if you are moving
  and so on...
  Thinking about it, I can see it might get very complicated with tons of footnotes (ie, one option for those who have yet to default on unsecured loans, another for those who've already defaulted on secured loans, another for those with CCJ/bailiff difficulties). But I'm sure a sharper brain than mine could come up with a streamlined list.
• Fantastic idea Fermi. I can't think of anything else to add. I do have a car question though but will post a new thread.
• Ok Bat, (sigh), I can see it wasn't the brightest suggestion*.
  However, Fermi, for the s/e could you perhaps add in Businesss Debtline to the list of main advice agencies?
  Lily
  *I quite like footnotes
• Updated with a few more links/topics.
  Suggestions are still welcome.
• There are plans to get there coolcait.
  Quote:
• Hi fermi,
  have you covered charging orders? They seem to come up quite often, and I always have to go looking for the relevant links.
  Rich