Questions you have before making a decision to go Bankrupt and the Bankruptcy process

Moderators: TalbotWoods, JaneClack

By sunshine
#8352 Hiya

I am all set for tomorrow morning....one question I have is what if one company I have that seems more like a loan shark....

not reputable...what happens then...has anyone been through this....a friend told me to leave these off the bankruptcy and pay them....the thing is I cannot do this as it is contempt of court and also achieves nothing because I would have nothing to my self...

Do the courts know who these companies are...hopefully I might be worrying over nothing but just in case I need to know the score....

Sunshine
By Mel_Odious
#8353
sunshine wrote:Hiya

I am all set for tomorrow morning....one question I have is what if one company I have that seems more like a loan shark....

not reputable...what happens then...has anyone been through this....a friend told me to leave these off the bankruptcy and pay them....the thing is I cannot do this as it is contempt of court and also achieves nothing because I would have nothing to my self...

Do the courts know who these companies are...hopefully I might be worrying over nothing but just in case I need to know the score....

Sunshine


This is the Doorstep Collector, yes?
I did tell you that they were a member of, what looked like a legitimate association.
You MUST include every debt and definitely not leave it to be paid from your benefits after you have been made bankrupt. You will be back in trouble again before you have even started. Plus as you have said yourself, you will be swearing on oath that what you have put in your Statement of Affairs, is the truth and as you have said lying to the Court is contempt of Court and you could be put in prison for this. So be truthful.
Even if this or any other debt was "accidently" left off your SoA, they would still be included in your bankruptcy.

I know you are particularly worried about this one debt so I suggest that as soon as you get home with your BO, take down details or photocopy it and send a copy to your Doorstep Collector Company.

Mel
By sunshine
#8354 hiya

I am listing every debt I know off....but if I accidentally not on purpose miss one out....I will not go to prison because it was forgot about....will I?

with all the documents I have now...all the debt demands...and two payment books and my final bank balance ODrawn tomorrow morning I am set to go bankrupt....
By Mel_Odious
#8355
sunshine wrote:hiya

I am listing every debt I know off....but if I accidentally not on purpose miss one out....I will not go to prison because it was forgot about....will I?

with all the documents I have now...all the debt demands...and two payment books and my final bank balance ODrawn tomorrow morning I am set to go bankrupt....


No Angel,
you'll be fine. You will only sign to say that "As far as you know and remember" you are telling the truth.
Contempt of Court is only if you deliberately lie to hide money or assets to commit fraud.

Looks like you're all set then, try and get some sleep tonight because you may be hanging around the Court a lot of the time tomorrow. This may be because the Judge is late or is very busy or they want you to speak to the OR on the day after you are bankrupt. I know in London they say be prepared to spend the day in Court. Your County Court is probably not as busy as that but there can be hold ups and you should take a book or magazine with you. Don't forget to fill out the waiver form for the £150 and take proof of your benefits with you.

You'll be fine and I hope all goes well for you in the morning. Good luck,

Mel x
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By JaneClack
#8356 Good luck from me too - you won't need it though!

Just post tomorrow - we are on tenterhooks here :wink:
By lemon
#8357 Everything WILL be okay :)

My hubbie and I did it last Wednesday.

As I've put in one of my previous posts on this forum, I got myself into a right old state the day before. I cried when I swore on the bible, and when we went into see the judge, well, I just completely lost it, even my hubbie was crying :cry: .

But the judge couldn't have been nicer :) she totally understood our situation, told us she was going to grant the bankruptcy, and that we should leave the court with our heads held high, that we shouldn't feel guilty, and to get on with our lives and enjoy watching our kids grow up, I felt like I could have kissed her feet :P

So all the best for tommorrow, when you've done it you will wonder why you worried so much. Good luck :)