We provide some simple bankruptcy advice and help if you are thinking about declaring yourself bankrupt.
If you hear or see the word bankruptcy it is normally enough to send waves of panic through your whole body.
This is because if someone suggests declaring yourself bankrupt the image it conjures up is often one of failure and losing everything.
However once you find out the real facts about bankruptcy, you may discover that it is the best way to deal with your debts and turns out to be a real life saver.
What is bankruptcy?
Declaring yourself bankrupt means that you make an application to the court to say that you are unable to repay the debt that you owe.
Once the court declares you bankrupt all of your unsecured debts are taken away from you straight away. Your creditors must then stop all their debt collection actions against you. Part of the bankruptcy procedures includes giving information about your income and living expenses. Based on this if you can afford to do so you will be expected to make a payment towards your debts for up to three years.
One of the major worries that people have about going bankrupt is that they think they will have to sell everything they own. This is nonsense. You are allowed to keep all of your normal household goods. However it is true that if you own an expensive car you might have to sell or downsize.
Many people also worry about losing their home. If there is equity in your property declaring yourself bankrupt may put the property at risk. However if you have little or no equity it is highly likely that there will be no affect on your home and you will be able to keep it.
Declaring yourself bankrupt
If you want to declare yourself bankrupt you will need to follow three main bankruptcy procedures.
The first bankruptcy procedure you will need to go through is the completion of the necessary application forms.
It is very important that you complete the bankruptcy application forms correctly as the information you give will form the basis of decisions about whether you are asked to make a monthly payment towards your debts and what happens to assets such as you house.
Once your forms are properly completed the second bankruptcy procedure involves you taking them to your local country court (or the Royal Courts of Justice if you live in London).
You should go to court in person. You will be asked to pay a court fee and may have to have a brief private meeting with a District Judge. If you have completed your forms correctly you will be declared bankrupt on the day.
The third bankruptcy procedure is a meeting with the official receiver. The meeting will normally take place on the telephone a week or so after you have been declared bankrupt.
This meeting is important as the official receiver will want to make sure they understand the information you included in your application form. It is the official receiver who makes the decisions about what will happen to your car and if you will have to make a monthly payment, not the court judge.
Help going bankrupt
For many people, bankruptcy can be a very effective way of getting out of debt and will result in the majority of their debt being written off.
Bankruptcy is often ideal if you are not a home owner. However even if you do own your own home it you may well be able to keep your house particularly if there is little or no equity in it.
However to understand exactly what bankruptcy will mean for you it is important to get proper bankruptcy advice.
It is also very important that you carry out the bankruptcy procedure of completing your applications forms correctly. As such if you are at all worried about this you should get bankruptcy help from an expert.
Following this simple bankruptcy advice may well result in you making a sensible decision to declare yourself bankrupt rather than struggling to repay your debt for many years using a different debt management solution.
If you hear or see the word bankruptcy it is normally enough to send waves of panic through your whole body.
This is because if someone suggests declaring yourself bankrupt the image it conjures up is often one of failure and losing everything.
However once you find out the real facts about bankruptcy, you may discover that it is the best way to deal with your debts and turns out to be a real life saver.
What is bankruptcy?
Declaring yourself bankrupt means that you make an application to the court to say that you are unable to repay the debt that you owe.
Once the court declares you bankrupt all of your unsecured debts are taken away from you straight away. Your creditors must then stop all their debt collection actions against you. Part of the bankruptcy procedures includes giving information about your income and living expenses. Based on this if you can afford to do so you will be expected to make a payment towards your debts for up to three years.
One of the major worries that people have about going bankrupt is that they think they will have to sell everything they own. This is nonsense. You are allowed to keep all of your normal household goods. However it is true that if you own an expensive car you might have to sell or downsize.
Many people also worry about losing their home. If there is equity in your property declaring yourself bankrupt may put the property at risk. However if you have little or no equity it is highly likely that there will be no affect on your home and you will be able to keep it.
Declaring yourself bankrupt
If you want to declare yourself bankrupt you will need to follow three main bankruptcy procedures.
The first bankruptcy procedure you will need to go through is the completion of the necessary application forms.
It is very important that you complete the bankruptcy application forms correctly as the information you give will form the basis of decisions about whether you are asked to make a monthly payment towards your debts and what happens to assets such as you house.
Once your forms are properly completed the second bankruptcy procedure involves you taking them to your local country court (or the Royal Courts of Justice if you live in London).
You should go to court in person. You will be asked to pay a court fee and may have to have a brief private meeting with a District Judge. If you have completed your forms correctly you will be declared bankrupt on the day.
The third bankruptcy procedure is a meeting with the official receiver. The meeting will normally take place on the telephone a week or so after you have been declared bankrupt.
This meeting is important as the official receiver will want to make sure they understand the information you included in your application form. It is the official receiver who makes the decisions about what will happen to your car and if you will have to make a monthly payment, not the court judge.
Help going bankrupt
For many people, bankruptcy can be a very effective way of getting out of debt and will result in the majority of their debt being written off.
Bankruptcy is often ideal if you are not a home owner. However even if you do own your own home it you may well be able to keep your house particularly if there is little or no equity in it.
However to understand exactly what bankruptcy will mean for you it is important to get proper bankruptcy advice.
It is also very important that you carry out the bankruptcy procedure of completing your applications forms correctly. As such if you are at all worried about this you should get bankruptcy help from an expert.
Following this simple bankruptcy advice may well result in you making a sensible decision to declare yourself bankrupt rather than struggling to repay your debt for many years using a different debt management solution.
James Falla is a debt management solutions expert and author. He has fourteen years of experience of helping people with the process of declaring themselves bankrupt. In 2004 James co founded Thomas Charles a specialist debt management solutions company where he personally helped hundreds of clients declare bankruptcy. James is now the managing director of and senior debt advisor for Wilmott Turner Financial Services which operates debt solution websites such as http://www.beatmydebt.com/
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