For 6 years I've fought this and I can't do it any longer. My health has deteriorated, I've been depressed for a long time and I'm getting too old to be carrying this kind of debt and pressure.
So I'm going to go bankrupt!
My situation is.... I had a property where I used to live - I had rented out but the bank took that last year - they said it wasn't my principal property even though I don't own any other property. It was in negative equity and there was a short fall of approx 200k - the receiver hasn't communicated with me at all about the sale. When the property went all my furniture also went. The tenant was a really nice guy so I said that he could use the furniture until he found another place but the receiver sold it out from under him.
I was married a few years ago and my wife had her own house where we now live - It's her house in her name which she had before we met!
When my business when bust in 2009, I had a personal guarantee against a loan of about 80k which I tried to service until I couldn't any more. There are a few other smaller debts from the business - credit card, rates etc
I'm self employed and last year I made net of 8k
My questions...
When I got bankrupt how will the assignee treat my wife's home - can he come and take an inventory of her house.
My wife gave me money to buy a vehicle, ( over the years she's given me lots of money to buy things for the business ) it's in her name under a company that she set up - I did this because I knew in my heart that this couldn't go on and I didn't want her to loose her money if I go bust. Will he want this?
My wife covers a lot of our living expenses including the mortgage - how will the OA figure out my living expenses?
As I'm self-employed how much detail of accounts going forward will he need. If I have to start paying accountants and getting detailed accounts certified it's another expense.
As I'm a sole trader, I trade under a business name. Can I still trade under a business name? Must I change it to my own name - the problem is the business name is where my work comes from!
As I make so little am I likely to have a payment order beyond the 1 year
I will go an talk to a PIP - right now I'm just trying to get my head around all of this so I can explain all of this to my wife.
Thank you for reading this - Any answers would be really appreciated!
So I'm going to go bankrupt!
My situation is.... I had a property where I used to live - I had rented out but the bank took that last year - they said it wasn't my principal property even though I don't own any other property. It was in negative equity and there was a short fall of approx 200k - the receiver hasn't communicated with me at all about the sale. When the property went all my furniture also went. The tenant was a really nice guy so I said that he could use the furniture until he found another place but the receiver sold it out from under him.
I was married a few years ago and my wife had her own house where we now live - It's her house in her name which she had before we met!
When my business when bust in 2009, I had a personal guarantee against a loan of about 80k which I tried to service until I couldn't any more. There are a few other smaller debts from the business - credit card, rates etc
I'm self employed and last year I made net of 8k
My questions...
When I got bankrupt how will the assignee treat my wife's home - can he come and take an inventory of her house.
My wife gave me money to buy a vehicle, ( over the years she's given me lots of money to buy things for the business ) it's in her name under a company that she set up - I did this because I knew in my heart that this couldn't go on and I didn't want her to loose her money if I go bust. Will he want this?
My wife covers a lot of our living expenses including the mortgage - how will the OA figure out my living expenses?
As I'm self-employed how much detail of accounts going forward will he need. If I have to start paying accountants and getting detailed accounts certified it's another expense.
As I'm a sole trader, I trade under a business name. Can I still trade under a business name? Must I change it to my own name - the problem is the business name is where my work comes from!
As I make so little am I likely to have a payment order beyond the 1 year
I will go an talk to a PIP - right now I'm just trying to get my head around all of this so I can explain all of this to my wife.
Thank you for reading this - Any answers would be really appreciated!