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Wednesday, February 4, 2009

How to deal with a bankruptcy?

By reklicom

Alternatives to Bankruptcy. Individual Voluntary Arrangements: An Individual Voluntary Arrangement or IVA is a formal agreement between the debtor and the County Court made to avoid a petition for bankruptcy. You can either set an amount to pay your creditors monthly and dutifully or pay them in full. To file for an IVA, you will need the help of an insolvency practitioner who will act as the middle man. It is usually costly to hire an insolvency practitioner. Asking them for an initial meeting where you can seek advice whether filing an IVA is appropriate in your case or not is best suited. This way, you can be sure that every cent you pay for is worth it. Names of local insolvency practitioners can be obtained through the court offices or the Official Receivers.

How to go Bankrupt: Filing your bankruptcy petition. A petition for bankruptcy is readily available in your local County Court. Processing the petition may cost about 310 deposit and 150 court fee. These fees should be paid along with the submission of your petition. If you are on low income or on certain benefits, you can be awarded exemption from paying those fees.

How To Find A Bankruptcy Lawyer? If you have decided there is no alternative to filing bankrupty,you may be asking yourself, "how do I find a good bankruptcy lawyer? The best way to find a good bankruptcy lawyer is through referrals. Family members and friends who filed bankruptcy in the past can refer you to a good bankruptcy lawyer. The yellow pages in a phone book is another great place to find reputable bankruptcy lawyers. Another invaluable place to find a good bankruptcy lawyer and services in on the Internet. When you search for a lawyer, try to find a lawyer that deals with your type of bankruptcy. You can get free advice with the first meeting.

Before you file bankruptcy, it is a good idea to look into other alternatives if at all possible. New bankruptcy laws make it more difficult to file than it used to be.

Qualifications of an unfit conduct include: Deceiving the Official Receiver about your assets and businesses two years before you went bankrupt. Gambling. Making business transactions at a time when you know that you cannot handle debts. Taking out credits you cannot pay.Giving away your assets to avoid them from being taken away by the Official Receiver. Prioritizing some creditors over the others. Failure to cooperate with the Official Receiver.Concealing your assets and properties from the Official Receiver.

Being issued a Bankruptcy Restriction Order means that you cannot avail of credit that is more than 500 without letting your lender know about your status. You also cannot hold any significant position like an MP, a local councilor, a director of a company, or an insolvency practitioner until after the order has been lifted.

The Bankruptcy Restriction Order does not stop your Official Receiver to take criminal actions against any of your offences. If you sell goods that you have on hire purchase agreement or you fill out false information on your loan application, your actions will be taken into account to the attention of the court, no less.

ADVICE - Statutory Demands: Once you receive a Statutory Demand, your next move should be to check if you can have it set aside.Do I have Assets? Once you are declared bankrupt, the Official Receiver or appointed trustee may rule out to sell all your assets to pay for your debt.

This is also known as your "Beneficial Interest". In certain circumstances, you can be considered to have a beneficial interest even when you are not named in the mortgage. In certain circumstances as well, your co-owners can make an offer to the Official Receiver to buy out your equity share so the house will remain intact.

Once the order is made, you will get in touch with the Official Receiver who deals with your bankruptcy and report to him all your personal details. The information that you will be asked about usually pertains to your finances including your incomes, expenses, assets, Insurance policies, and Pension policy details.

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