Saturday, October 24, 2009

What debts can be written off if you declare yourself bankrupt? Can a court fine be included?


Answers:
These are the things that will NOT be discharge in a bankruptcy

The debts you are not freed from include:

鈥?any money owed under family court proceedings for example, for maintenance or CSA payments or arising from any personal injury claims against you, unless the court directs otherwise.

鈥?any court fines or debts arising from fraud or certain other crimes.

鈥?debts you incur after the bankruptcy order.

鈥?since 1 September 2004, all outstanding student loans. If you were made bankrupt before 1 September 2004 you may still have to repay your student loan. Clarification should be requested from the official receiver.


You can use the website (first link) below to get information about Bankruptcy and also to file

The second link is a FREE service and they are there to help answer your questions if your questions can not be answered on line then you can contact them
I think everything is written of aside from the court fine.
No a court fine will not be written off with your bankruptcy.

A court fine will be included in your expenditure list as something which has to be paid every week / month right there along with your rent.

Any other debt can be written off, except money which is owed to the Inland Revenue (cant get away from them so easily)
Have you considered an IVA instead? Less stigma and better credit rating when you've finished it.
Scottish Law: you must be unemployed and no income to declare yourself bankrupt and if return to work within approx 3 years you have to pay the money back.
Here in the good ole USA fines and taxes can not be included in a bankruptcy. Even if you DIE, your estate pays your fines and taxes.
Jackie M that is a poor misstatement of the Scots Law position on sequestration (declaring yourself bankrupt)

You do not have to be unemployed! To declare yourself bankrupt, you must owe at least 拢1500, and either be apparently insolvent, or have a qualified creditor(s) agreeing with your petition.

Your creditors can petition for your sequestration if you owe them 拢1500+, and you are apparently insolvent, which is a set of conditions which mean you can be declared bankrupt - i.e. someone has served you with a statutory charge for payment and you haven't paid.

Certain debts are not extinguished by bankruptcy:

Student loans
Court fines
Any debt incurred by fraudulent means
Overpayment of benefits can be deducted from later benefits

Contrary to what was said above, you CAN escape the taxman. They are an ordinary unsecured creditor like any other (see Debt Arrangement and Attachment (Scotland) Act 2002 which finally abolished all trace of Crown preference in Insolvency), and if there is insufficient funds they cannot claim on your estate after you are no longer bankrupt (after you have been 'discharged')

No comments:

Post a Comment

 


What do I do © 2008. Design by: Pocket Web Hosting

vc .net