Dear Needtodo
Let me say that in your case, you need to stop worrying and resolve to focus on your future. In terms of the Personal Insolvency Act , your mortgage is the problem, followed by childcare costs and commuting.
Please refer to a website misc which allows one to calculate the income required to live in an urban or rural area depending children etc. Under the Insolvency Service, debtor expenditure may refer to that site, which is prepared by MABS and the Vincentien Partnership, to show the minimum income required to live a frugal but sustainable lifestyle.
I set out below assumptions, which may be wild, on which to base a proposal for a PIA.
You advised your income already of €3998 p.m., and I use that below, but it sounds like it would be cheaper to give up living in Carlow and move to Dublin, but that is a personal choice.
Statement of Affairs
One issue is the value of the PDH. Given its location, I assumed a 70% discount on the mortgage to €160k, as there has been no offers made. Also, I assume the discount is germane to a purchase in the peak of the housing market to arrive at a valuation. If the assumption is correct your SOA may be as follows: .
Stat. of
Affairs Secured Unsecured Total
Assets € € € €
PDH
Estimate 162,000 162,000 - 162,000
162,000 162,000 - 162,000
Liabilities
Mortgage 540,000 162,000 378,000 540,000
Credit Union 10,000 - 10,000 10,000
Credit Card 3,000 - 3,000 3,000
Bank Loan 6,000 - 6,000 6,000
559,000 162,000 397,000 559,000
Deficit - 397,000 - - 397,000 - 397,000 [/U]
Please note that UB will have voting control given they are the majority unsecured and only secured creditor.
Income and Expenditure
I set out below your surplus arising on income based on the misc site and compare the outcome under a PIA and Bankruptcy. The key assumption is that UB accept a write down to €160 k (the value of the security).
Under a PIA, I assume and propose UB grant you a 35 year mortgage at 3.69%. This will generate a surplus of €134 per month to pay the unsecured creditors. If UB accept that, they will share in the dividend of €9648 in total over 72 months, and may avoid legal and recovery costs. Furthermore, I assume that if you return to work, you may be able to offer more comfort that they have an affordable mortgage.
If UB veto the proposal, they will get nothing, as you will have to move to Dublin and l assume the rent there will deny the possibility of a dividend in bankruptcy.
PIA Bankruptcy
Income and Expenditure € €
Combined Income 3,998 3,998
Expenditure ex Rent/Mortgage 3,228 3,228
Available for Rent or Mortgage 770 770
Rent or Mortgage 636 770
Available for creditors per month 134 NIL
Dividend over 72 Months 9,648 NIL
Expenditure per Misc - ex Rent/Mortgage RURAL
RON