- Mon Jun 13, 2005 3:38 pm
mt wrote:Hi all. First time here and very pleased to find this forum. I have a BR appointment at the court in two weeks' time and I'm really nervous about the whole thing. Can someone who recently been through this calm my nerves a little? Do you find the judge friendly? Will I be made to feel a total failure?
What about the OR appointment afterwards? How soon did you get yours? My circumstances is such that I would like to have the OR interview as soon as possible. Is it possible to let the court know about this and hurry things up a bit?
Also (my main worry) is that my partner will be affected in some way. We are not married and he is aware of my financial problems but is very supportive. Has anyone been in a similar situation and can they confirm that the court cannot touch his house, which is solely in his name?
Hello MT and welcome,
My bankruptcy was not that recent but the formality hasn't changed that much. I don't know that I can calm your nerves but could say don't worry, but I know you still will. It is a nerve racking experience but shouldn't be as it is all straightforward and matter of fact.
You may not even see the Judge, I didn't but in any case they are not "judgemental". Your case will be among hundreds he hears every month and I guarantee that lots of those will be for more money than you owe, without even knowing your figure. I don't know about the Judge being friendly but s/he certainly won't be unfriendly. I have seen a few people who say they had a laugh with the Judge. If you do see the Judge it will be in a little room not a big Courtroom with a witness box etc that some imagine and the Judge will not have a wig on.
The OR interview will come some 4-6 weeks later in most cases. Asking the Judge for an earlier interview won't help, it will be entirely up to the OR. Why do you want it quickly? The OR has to prepare the papers etc of yours and as I said before many others.
Are you living with your partner? Your bankruptcy, including your name and home address will be published online and in the local newspaper. There is also a complicated matter in property of, what is called "Beneficial Interest" which can occur if you have made any contribution to the house. You may need to check that out.
Bankruptcy is not always the easy option and you should be absolutely sure that it is the best way forward for you. You should also take some free independant advice from the likes of a Debt Advisor at your local CAB or Council Offices; for there is one thing that the Judge will almost certainly ask and that is if you have taken expert advice before petitioning?