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

Moderators: TalbotWoods, JaneClack

By duncan171
#219158 Hi again

We're in court filing our br on Thursday, starting to get really worried now :(

I've read somewhere, can't remember where, that the debts that are secured on our house as charging orders should be written on the statement of afairs in secured obviously, but also in the unsecured so that when house is repossessed and the charging order debts become unsecured, the shortfall is then covered by the br? I did ask CAB about it and they were unsure.

Also does anyone have a definitive answer as to whether the OR can enforce a payment order when my whole income is made up of benefits (Income support, SDA, DLA, and my wifes CB and Carers allowance)? To be fair after BR and stop paying debts we will have over £100 disposable income p/m.

Lastly, does anyone have any experience with the Swansea OR?


By johnny 73
#219168 i seem to recall that a payment order cant be imposed without agreement from the BR if their income is solely made up of benefits. the OR can suggest it but if the BR doesnt agree to it it cant be enforced

it was about two years ago that i looked into so i could be mistaken search around this site which incudes guides to allowable expenditure costs
By duncan171
#219179 Thanks for that.

I have read on ... rt_2.htm#9

rule 31.7.9 State benefits
that where a br only income is state benefits then an IPA should not be sought, I am not too keen on the words "Should not" surely that leaves it open for the OR to do what he likes?

Oh well more reading up for me tonight and giving the forms a last once over as in Carmarthen County Court tomorrow morning doing the deed, can't see me getting too much sleep tonight for worrying about it :cry:

Will update tomorrow.

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By moaner
#219192 The OR can ASK for an IPA, this does not mean you have to agree to one :wink:

I was not working and could not claim any benefits when I went bankrupt, hubby was working (and bankrupt too) but we only had his wage and 2 lots of child benefit to support 2 adults and 3 teenagers (at school, college and uni) The OR sent us an IPA agreement to sign, we did not agree with it and questioned the figures and did not get one in the end, in fact, we both got early discharge :D
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By JaneClack
#219250 Yes, you have the right to dispute an IPA and they do by law have to review it. I have known several people appeal and win but have never seen anyone on benefits only being asked to pay an IPA - but I do not see every one!