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What can they do if you go bancrupt?

Hi - we are up to our eyeballs in debt (around £65K to creditors + around £30K to family and friends). We are seriously considering going bancrupt but have some unusual queries which we don't know the answers to. We have explored IVA but it is probably not an option for us since one creditor makes up a bulk of the amount owing and if they don't agree we can't do it. We would also be required to take our daughter out of her school. Our 6-yr old daughter has been in a private school since she was 2 and a half - now I know most people in their right mind would take her out of there but it is not one of the most expensive and we have had meetings with the headmaster consequently setting up a weekly payment arrangement. It also happens that she is top of the class and excelling so well. We have a weekly standing order set up so if we stopped this and closed the account, making cheque or cash payments instead, would the receiver ever find out she was in a private school? The other main query is that if my husband declares bancrupt then what happens to debts that are in joint names? Also our car is on finance which is in arrears. However, we need this vehicle to work. I am a home retail catalogue distributor so need it to transport catalogues to some customers which are over 5 miles away, also deliver orders, some of which are small items of furniture such as bookcases etc. What would happen to the car if we still have it when we are made bancrupt? The trouble is that my income is so unpredictable that it is difficult to say how much I am going to earn one month to the next. Last month it was a pittence whereas the month before it was £600. The bailiff has left our door just now - we have to get things sorted....

Hello citkat

I will answer the questions you have in order you have wrote them, so I don’t confuse you. The receiver would find out about the private school as he or she would have full access to any of your bank accounts, and would have to see your full income and expenditure. He or she has a right by the court to know everything about your finances. If your husband were to go bankrupt with joint debts, then unfortunately you can be liable for the full amount due. In regards to the car on Hire Purchase, it would depend on how much the car is worth compared to how much is left owing on it. But, they can still just take the car from you. If you need it for work purposes then you would need to discuss this with the insolvency service who can give you more information on this. Bankruptcy and IVA's aren’t your only options, if you give us a call we will go through all of your details with you and find the right way forward tailored to your circumstances. An IVA wont necessary fail because of having more debt with one creditor but again, we can look through your details and find the right way for you. Hope this helps

What can they do when you go bankrupt?

Hi - many thanks for your reply. The car is probably worth about £4000 compared to around £7500 left on the HP - I guess we'll lose it then. If my parents are prepared to take over our daughter's school fees then I assume that will be OK. If that doesn't happen we may have to take her out and put her back in at a later date. What happens with debts such as gas/electric for previous addresses and council tax when you go bankrupt? I didn't realise I would be liable for debts in joint names if he went bankrupt. I assume you can't go bankrupt in joint names - maybe it makes more sense for one of us not to and to keep a bank account anyway.

Hello again Citkat

Electric and gas arrears can go into a bankruptcty, unfortunatly council tax cant. You will have to come up with the council an arrangement you can afford. Both of you could go bankrupt, but you would have to apply seperatly. In regards to your car, speak to the insolvency service about this. They will beable to give you more information about what you can and cant do. There number is 0845 602 9848. Hope this helps





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