PS - dont think "surrendering the Cork house " will work. the bank will just sell it and say, "and where is the rest?". Even if they said they agreed to it they could change their mind and come back?
Not so with bankruptcy. You have certainty.
In America its different, you can post the keys back, but here you have to come up with the money or go bankrupt.
Sorry I am not really sure what mean you by "6 years" - I thought you meant that you thought Irish bankruptcy might only last 6 years followed by a lifetime on the "register" - but now I think you mean something else? - do you mean that you think that if he stops paying they have 6 years in which to sue for the money? by all means check with Friel Stafford's helpline.
PS - one other thing -
It is important that your husband understands that this is not a case of you and some stranger on the internet trying to trick him into going bankrupt.
It is a Q of understanding the true severity of the situation and playing the remaining cards in your hand as well as possible.
If the house is on fire, its on fire and there is no point hoping the fire will go out by going back to bed.
If MAY be that his bankruptcy is inevitable. If so, best to get through it as painlessly and quickly as possible. Yes being on "the register" sucks but if it is inevitable then it is inevitable.
If he CANT get a good job quickly...IS IT INEVITABLE?
Thanks CK, Hells Belle and dancarter,
I have returned to work, since last Friday so hence not being logged on.
Things have taken a different turn. BOI really had no interest in taking any percentage of my husbands house (I didn't really think they would anyway). But what they have agreed, for the moment, is to reduce his mortgage repayments to 500 per month (this includes the 30k top up, and the insurances). The income from the house per month is 565. I asked my husband to ask them about the 'difference'. I was advised by him (my husband) that the bank said that they would just as such let the arrears build up in another separate account, for him to pay back when he can.
I was waiting to hear about extra charges attached to the arrears, but didn't hear of anything, until a letter came in the door from BOI confirming the new arrangement. In this letter they outline that there will be charges attached to the arrears. Recently though, I have heard on the news that there is talk of the banks being told to stop these charges, but I don't believe anything has of yet been done about them.
Re the bankruptcy idea, the first one is Ireland. This is a no go - we can't afford to go bankrupt anyway! Hells Belle - you are completely correct, we are insolvent.
Re the other BOI debts - we are basically at a crossroads. I have not got the energy to keep discussing/fighting/debating the financial issue with my husband. He sees black, I see white. I have told him that if I can't reach a compromise with him, then I feel I have no option but to step back from it all, and let him deal with it. I have not got the strength to have the constant same endless discussions with him day in day out. I realise I have gone off on a tangent, re the other BOI debts - he is basically going to 'wait and see', as in speak to BOI to tell them that he has no money, is at home looking after the kids, while I am at work. He phoned them again today and left a message.
Re the MBNA cc - a letter arrived last week, stating that his account is to be written off and he is also going to be put on the defaulters list along with the ICB list.
We have agreed that if all comes to all and court is threatened, then we will go to the UK, but I think that he is still going to fight this - how, I don't know, as the outcome is inevitable, but I will help him where I can. I have not made any payments to any of his debts in the last month - he agrees with this. My salary is for the kids, the house etc, etc.
Apologies if I sound short, but I have a little boy crying/shouting at me.
CK - thank you again. You have a point - what if they can't find you??
Again, Hells Belle and dancarter, thank you too.
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