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Personal Bancruptcy

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malahide21 | 00:02 Mon 13th Oct 2014 | Civil
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Hi, I hope someone can help.....I have a friend who is considering personal bankruptcy and wont accept any help. Her main concern is for her childrens future, foe example will it affect her daughters application for a university place?
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can't see why it would; but has her daughter got some sort of plan for paying tuition fees?
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Not that I know of. She still has one year of school left so fees aren't an issue yet. I agree that it shouldn't affect the daughter but for some reason the child seems to think that it will affect her chances of gaining a place.
Can't see why, lots of people take up uni places without having a parent at all, let alone a solvent one. Lack of money may be a problem, but your parents' legal financial status isn't, unless there's some obscure law I don't know about.
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Much as I thought. many thanks for your time jno.
Is she in rented accommodation or is it her own house, as that could be be sold to pay her debts, depending how much she owes.

Is she married, how many kids?
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She is a widow with 2 teenage children working 2 very low paid jobs and now living in a council house. It was some benefits advice people who suggested the bancruptcy. She is, of course very loathe to take this step but more so for her childrens future rather than for herself.
It is easier than you think, I went bankrupt 6 years ago, the best thing i ever did, all debts wiped out and now back solvent once again. If your friend doesn't own property then its a doddle, it sounds like its a daunting thing to do but its pretty straight forward, basically list all your debts, credit cards, loans, council tax etc and explain why you've got yourself in a mess, just tell the truth. Everyone is very helpfull, the receiver just talks you through your debts and asks you questions, this takes an hour or so, also you will have to go to your local court to get the official document stamped, you may have to meet with a judge, i did and it lasted about 2 minutes, others that i know had their documents stamped without seeing him. Its easy to get another bank account, the Co oP are very good. I came away with all of the debt, stress and worry wiped out, it is such a relief! Tell your friend to go for it, it will not affect her daughters future. good luck.
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many thanks St Peter. I'd rather she just took the offer of help but....stubborn ladies haha. I shall pass this on to her.
it won't affect the child in any way - the bankruptcy will almost entirely affect the person doing it (unless they are married/cohabiting and have joint finances). people get very over-wrought about bankruptcy and what it means, but in reality it is not a painful process, will not change your life or give you a tattoo on the front of your head marking you out from other people!

make sure that she opens a basic bank account (i chose the rbs) to move all her essential bills and income into BEFORE she does anything else (e.g. move wages etc. out of a bank account that is drowning in debt - it is the first step in doing anything about your debt) that they can use after applying as they close down all accounts listed in bankruptcy. if she has very little money because of her debt, by moving into a basic bank account (e.g. debit card and no overdraft) she may see an immediate improvement in her finances. she can them start to contact all of her creditors and explain that she is looking at her options and to freeze the account/debt for a limited time (usually 30 days) while she considers her options).

i would say bankruptcy is only worth doing if there is £10k of debt + (depending on her income and type of debt). in the first instance, encourage her to contact payplan (a brilliant FREE debt company - see link below. only use a free one - they offer the same services that others will charge you for) and they will sort everything out for her - even advising to bankruptcy if that's what she wants and it is relevant. do not go to the c.a.b.....they are useless and understaffed (and most advisers do not know anything over and above what you can find on the internet).

also point her in the direction of the money saving expert website for further information. i went bankrupt 7 years ago and it was the best thing i ever did - the relief i felt afterwards was enormous. i did it all myself in the end and it is relatively pain-free if you do your research - except for the enormous fee for the courts. please, please don't give her the impression that she will spontaneously combust if she actually goes bankrupt - very little happens except the official receiver goes through your finances with a fine-toothed comb and you are restricted financially for a year. you list every debt - i even included around £42 i owed the milkman!).

afterwards, you cannot get credit for anything for about 5-7 years as you will be turned down for everything. she may have to pay a contribution to her debts for the year she is bankrupt (if she has disposable income), but again, that is it. other than that, not much happens. for some people, it can be the best tying that they ever do. i wish her luck (please, please pass on this post and advice, and here are the links:

http://www.moneysavingexpert.com/loans/debt-help-plan

https://www.payplan.com

https://www.gov.uk/bankruptcy
1. If her debts are under £1500 she may be eligible for a Debt Relief Order - depending on whether she meets some other criteria. She needs to get advice from a free advice service such as local CAB, or Stepchange charity. The effect is the same as bankruptcy in that all debts are wiped out but the procedure is simpler & the cost is only £90 instead of £705. (She may be exempt from some of the £705 fee but would have to find most of it or get it from a charity).

2. If she is not eligible for a DRO then bankruptcy may well be her best option. It is - as already said - quite straightforward & there is no reason for it to affect her children at all.

3. Advise her very strongly that she should not consider an Individual Voluntary Arrangement if it is suggested to her. These arrangements are only suitable for people who have assets (such as a house) to protect which they might lose in bankruptcy.
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I don't know how much she owes, she won't tell me!! The main concern for her is how the kid's future might be affected. Thankfully this won't be an issue now thanks to the advice on here.

Thank you all so much for your time and advice, it is much appreciated.
Having read all the comments with interest,particularly the ones stating that it was the best course to take,and how much better the bankrupt felt afrerwards.

This may well be the case,but it should be remembered that there are creditors involved who are out of pocket here ( including the aforementioned milkman ).

Nobody has mentioned this by product of bankruptcy.

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