Bankruptcy And Debts

Your Assets Liabilities Progress 1 of 4 If you don't understand any of the items used in these questions, please Bankruptcy Debts Debt for a glossary of terms or ask our advisers who are online and ready to help you now. Where in the UK do you live Scotland England Wales 1 Your house Do you own your property Yes No If yes, what is the estimated value of your property How much do you owe to your mortgage lender Do you have any secured loans against the property Yes No How much do you owe in secured debt Current Equity 2 Other Assets Do you have any other assets (e.g. Endowment policy) Yes No How much are they worth Current Assets 3 Car Do you own a car Yes No How much is your car worth Is your car purchased on HP Yes No How much payment is outstanding 4 Unsecured Liabilities How many different creditors Total debt from overdrafts Total debt from credit cards Total debt from unsecured loans Total debt from store cards Total debt from catalogues Total of any other unsecured debt Total unsecured debt free debt test online application apply Advanced Debt Solutions Expert Debt Advice Scotland | FAQs Loan Restructuring Scotland Sequestration Scotland Debt Advice Scotland Expert Debt Solutions Best Debt Solutions Advanced Debt Solutions UK Debt Solution Company UK Personal Debt Solution Company Debt Management Company UK Scotland FAQs xml:namespace prefix = rejive / What are the consequences of bankruptcy Bankruptcy has different consequences for different people. A professionally qualified person such as a solicitor or accountant may have his practising certificate suspended because of his bankruptcy, and a bankrupt cannot act as a company director. Your bankruptcy will be advertised in a local paper. If you go bankrupt, some of the more common disadvantages are: If you own any valuable assets, including endowment policies, these will usually have to be sold. It restricts your ability to obtain credit in the future without permission from the lender and your credit rating can be affected for many years after the annulment. You are not allowed to start up or be involved in the day-to-day management of a limited company. You are not allowed to act as a member of parliament, and there are certain other restrictions, such as acting as a member of any local council or school boards, etc. You may not practice as a chartered accountant/lawyer or act as a Justice of the Peace. There may be a clause in any hire purchase agreements that you have to terminate them if you become bankrupt. There will usually be a fee to pay with your application. Back Email Call Now Apply Online free debt test online application apply How does the process of a remortgage work Individual lenders have different procedures for remortgages. Therefore, this should only be regarded as a general guide and is not a definitive list of what will be required. In general, the process is likely to include these steps: The new lender (or their solicitors) will:

• write to your existing mortgage lender to confirm the outstanding balance on your existing mortgage;

check there is sufficient value in your property to pay off your existing mortgage. Send you all necessary legal documents for signature or arrange an appointment to see you.

• repay, on your behalf, your existing mortgage.
• send you, (or any agents appointed by you). a cheque for the difference between the new mortgage advance and the amount required to pay off your existing mortgage

You will also have to complete a new mortgage deed and discharge the mortgage deeds relating to any old mortgages your new one repays. Your new mortgage lender will normally store your title deeds, including the new mortgage deed when registration is complete. Interest rate statement - Scotland John Hall, Chief Executive of Newtomorrow.com, said: o change in the interest rate will disappoint homeowners but with inter-bank lending rates still relatively high, any cut would only have had, at best, a very small impact on the cost of borrowing. he global credit crunch will continue to bite in 2008 and, whilst base rates are likely to fall later in the year, any reduction will take time to feed through into mortgage rates. As a result, individuals still require prudent management of their finances to ensure debt does not become a problem. How long will I be bankrupt for In most cases the bankruptcy ends after one year, or even sooner if the Official Receiver decides to close his file early. The slate is then wiped clean and your creditors can make no further claims against you. There are some exceptions. For example, you may still have to pay any lump sum order made against you in divorce proceedings and any unpaid court fines. Even if some of your assets remain unsold after the end of your bankruptcy, they will still remain available to your creditors and may be sold. The existence of the bankruptcy will also remain on record, e.g. at the Land Registry and with credit reference agencies. If you have surplus income above the needs of yourself and your dependants, you will be expected to make contributions to your creditors for up to three years, and may be ordered to do so by the court. If you come into any money during the bankruptcy, such as an inheritance or a lottery win, that too will be available to your creditors. What is Sequestration Sequestration is the Scottish equivalent to Bankruptcy. Although similar there are some differences. Sequestration should only be considered as a last resort debt solution. If you are sequestrated your estate must be handed over to a Trustee. The Trustee is legally obligated to realise your estate for the benefit of your creditors. Sequestration lasts for 1 year however your ability to obtain credit may be affected for a longer period. If you owe at least 1, 500, and your apparent insolvency (see FAQ What is apparent insolvency) can be demonstrated, you can make an appointment to the Accountant in Bankruptcy for the sequestration of your Estate. If you owe a creditor at least 3, 000 and your apparent insolvency can be demonstrated to the Court, a qualifying creditor can petition the court for your sequestration. This would mean that you would have to realise all assets you have including equity in your home, cars or any other assets. What is bankruptcy A bankruptcy order may be obtained by any creditor owed more than 750, or you yourself may ask the court to make an order. In either case, the Official Receiver, a government official, will then contact you for details of your financial position. Subject to certain exemptions, bankruptcy means that your assets are sold and the money is used to pay as much as possible to your creditors. The assets will be sold by the Official Receiver or an Insolvency Practitioner, as your ~rustee in Bankruptcy Assets you will be allowed to keep include: Ordinary household contents;

• A modest motor vehicle;
• The benefit of a residential tenancy;
• ~ools of trade things you need to pursue your trade or vocation;
• Any money you have in a pension fund. If the fund is large or if you are likely to be able to take the benefits of the fund in the next few years, you should seek independent legal advice

How long does it take to get a Trust Deed The initial signing of a trust deed can be done very quickly (a matter of days). After an initial telephone consultation, we will visit you at home to clearly explain exactly what you have to do. You are under no obligation to sign and if you change your mind we can offer another solution. After you have signed the Trust Deed, it takes approx. 4-5 weeks for the creditors to accept the proposal. The Edinburgh Gazette is read by solicitors, accountants, banks and other institutions. Your creditors have 5 weeks to object to the proposal set out by your Trustee. Provided that no more than one third in value or a majority in number of your creditors object to the terms proposed, then the Trust Deed will become rotected This means that your creditors can no longer take action for recovery of any debt incurred prior to the Trust Deed being signed. What is the process of bankruptcy Firstly, you must complete the bankruptcy forms and pay your fee. Once these have been submitted to the bankruptcy clerk, then he/ she can begin proceedings with your local County Court for your bankruptcy. An appointment will then be arranged by the bankruptcy clerk for your bankruptcy hearing. When this happens the court will do one of the following: Postpone proceedings. This may happen to give the court time to gather more information. If this does occur another date will be set Appoint an Insolvency Practitioner. If the court believes that an Individual Voluntary Arrangement (IVA) would be more suitable then they may instruct you to enter an IVA Dismiss your petition Accept your petition on the basis that the only option available to you is bankruptcy. Back Email Call Now Apply Online free debt test online application apply What is apparent insolvency Apparent insolvency means that you are unable to pay your debts, and that at least one of your creditors has taken legal action against you. Generally, this means at least one of the following will apply: Having obtained a decree in respect of a debt due to them, one of your creditors has served a Charge for Payment of the debt and you have failed to make payment within the 14 days allowed by the charge; One of your creditors has served a statutory demand for payment and you have not paid the sum due within the 21-day time limit allowed by the demand. In addition, Apparent Insolvency also arises where you have given written notice to your creditors that you have ceased to pay your debts in the ordinary course of business or by the granting of a Trust Deed. Back Email What are the advantages of a Trust Deed A Trust Deed allows you to agree a fixed monthly payment with your creditors. Once you have entered into a Trust Deed all interest and charges are frozen. Once you have made your final payment, all outstanding debt is legally written off by the creditors. The benefits of a Trust Deed are : All pressure from creditors is removed You will not pay any fees directly What would I lose if I entered bankruptcy proceedings If you enter proceedings to become bankrupt then you would have to surrender all of your assets to a Trustee. The Trustee would then be able to release any equity from thse assets. You would be able to keep items that were necessary for work like books or a vehicle, provided that it was not valuable. Your Trustee would be able to advise you on the items that would need to be sold. A Trustee in a bankruptcy will be interested in The equity within your property. Shares, premium bonds, savings or endowments A vehicle with a high value. If your vehicle is sold then the Trustee will usually allow you to buy a lower cost replacement. Any money accrued from surplus income. Back Email Call Now Apply Online How much does it cost to be made bankrupt To be made Bankrupt you will have to pay a fee to the court for processing your application together with a fee to the Official Receiver for dealing with your file. The total fee is currently 485. Your will not have to meet your Trustee fees directly as the Trustee fees and expenses will be deducted prior to any dividend payment to your creditors. You may also have to pay part of your monthly or weekly salary to your Trustee in Bankruptcy. This could be forced upon you by a Court Order. The only payment you would be required to make would be from the extra income you had left over after an income and expenditure check had been conducted. What are the advantages of an IVA An IVA allows you to agree a fixed monthly payment with your creditors. Once you have entered into an IVA, all interest and charges are frozen. Once you have made your final payment, all outstanding debt is legally written off by the creditors. The benefits of an IVA are: It is affordable you only pay what you can afford based on your income and expenditure; It avoids bankruptcy; Interest rates are frozen your debts don get any bigger; If you stick to the deal you will be debt free at the end of the IVA period; and Your creditors will write off a large chunk of the money you owe them. Back Email Call Now Apply Online free debt test online application apply What are the consequences of Sequestration The principal effect of sequestration is that your estate must be handed over to a Trustee. The Trustee is appointed to realise your estate for the benefit of your creditors. If applicable, you will be expected to contribute any surplus income generated from your employment over the period of sequestration, which will be a minimum of 1 year. When the Trustee has realised your estate, and provided that you have complied with any request to contribute surplus income, your Trustee will settle the fees and expenses of the sequestration process, pay any surplus funds as a dividend to your creditors and apply to be discharged as your Trustee. How do I enter into an IVA An IVA is an alternative to bankruptcy and allows people who owe money a voluntary solution to their debt problems. Firstly, you must owe a minimum unsecured debt of 15, 000 to at least 3 different creditors. You must have a regular income to help make a monthly contribution of at least 200 per month. Call Newtomorrow today and we can advise if an IVA is the right solution for you. If it is we can help you to make a proposal to your creditors. If the creditors accept your proposal, an Insolvency Practitioner then becomes the upervisor of the arrangement and carries it out on your behalf. Once I have agreed to a Trust Deed, is it always accepted by the creditors Once you have signed a Trust Deed, creditors are given approx. 5 weeks to agree or dispute the proposal. Your proposal will be sent to all of your creditors so they are able to consider its terms and object if they wish. If your creditors agree to the proposal after the 5 weeks (non reponse is accepted as agreement), the Trust Deed becomes rotected At this point you have complete protection from your creditors. A Trust Deed will only fail if half the creditors (or 1 creditor with greater than one third of the debt) oppose it. This very rarely happens. Call Back Leave your name, number and an appropriate time for us to call and we l telephone you. Name * E-Mail * Phone * Approx Debt -Please Select- Under 2, 500 2, 500 - 5, 000 5, 000 - 10, 000 10, 000 - 15, 000 15, 000 - 20, 000 20, 000 - 30, 000 30, 000 - 40, 000 40, 000 - 50, 000 50, 000 - 100, 000 Over 100, 000 Call me back -Please Select- 9am - 10am 10am - 11am 11am - 12pm 12pm - 1pm 1pm - 2pm 2pm - 3pm 3pm - 4pm 4pm - 5pm 5pm - 6pm Email Call Now Apply Online free debt test online application apply Debt Resolution forum Who will know that I am bankrupt Bankruptcy Orders are advertised in a publication subscribed to by banks, building societies and other financial institutions. This publication is called the London Gazette. Your details will also be placed on a bankruptcy register which can be viewed via the internet. Details of your bankruptcy will also be advertised in your local paper. Credit referencing agencies will be aware of your bankruptcy which will make receiving credit after your bankruptcy difficult. What is an IVA An IVA is an alternative to bankruptcy. Basically it is a contract between you and your creditors. The terms of your proposal to creditors may be flexible, but creditors will reasonably expect their prospects of recovering money to be at least as good as in a bankruptcy. Further, they will expect the proposal to contain sanctions (such as a right to bankrupt you) if you do not fulfil your part of the bargain. Once I have agreed to an IVA, is it always accepted by the creditors Your proposal will be voted on by your creditors at a creditors meeting. Generally, if over 75% by value of your creditors who are represented at the meeting (in person or by proxy) vote in favour, the IVA will be implemented. Creditors may put forward changes to the proposal, but they cannot impose them on you you can decide whether or not to accept them. How do I increase the likelihood of the creditors approving my IVA An IVA gives you an opportunity to avoid bankruptcy. If it is not approved, a creditor may still decide to petition for your bankruptcy. To avoid this, you should put forward the best offer you can to your creditors. When speaking to us, please be completely open and honest about your crditors and your financial circumstances. Will there be money left over after I have remortgaged and repaid my debts This entirely depends on the value of your property (which may have risen since you bought it) and the amount you owe to your mortgage lender and anyone else who has a security over your property. It is possible further sums will be left over. You should obtain independent financial advice in this regard. Back What is a Trust Deed A Trust Deed is an alternative to sequestration. Basically it is a contract between you and your creditors, administrated by a licensed Insolvency Practitioner. The terms of your proposal to creditors may be flexible, but creditors will reasonably expect their prospects of recovering money to be at least as good as in a sequestration. Back Who will know about my remortgage No one (other than your existing and new lenders) needs to know about your remortgage, unless they are joint owners of the property or have occupancy rights. However, the deed in favour of your new lender will be registered in the Land Register, which is public and open to examination by anyone who wishes. Back Email Call Now Could I lose my job If you are a member of a professional body then you could lose your membership. You would need to check your terms of employment for further information. If you work for a financial institution, such as a bank, then your contract of employment may be terminated. Back Email Call Now Apply Online free debt test online application apply What will happen to my bank accounts If you have a bank account then this will be closed and any money will be passed to your Trustee. If you have an account in joint names then the Trustee will be able to take half of the funds available. Back Email Call Now Apply Online free debt test online application apply How long will I be Sequestrated The minimum period for sequestration is 1 year and, as long as you have complied with your Trustees requests during this period, you will automatically be discharged on the first anniversary of the commencement of sequestration. Back Email Call Now Apply Online free debt test online application apply How long does a remortgage take Unless there are special legal circumstances a remortgage can normally be completed within 30 calendar days of a mortgage offer being made. Most lenders can make mortgage offers quickly after an application is made. Back Email Call Now Apply Online free debt test online application apply Will I get to keep my house if I am made bankrupt Generally speaking, if you have equity in a house (i.e. it has a value in excess of any mortgages on the property), even if it is jointly owned, it may have to be sold. Back Email Call Now Apply Online free debt test online application apply Debt Resolution forum Will I get to keep my home if I enter into an IVA Normally yes, however with an IVA you will have to release any equity available in your property to pay your creditors. We will be able to advise you fully on this. Back Email Call Now Apply Online free debt test online application apply Debt Resolution forum Do I have to be a home owner to apply for a remortgage Yes. But even if you own a property jointly with someone else (such as a spouse), a remortgage will still be possible if the other person agrees. Back Email Call Now Apply Online free debt test online application apply Debt Resolution forum Can I open a new bank account Yes, however you will struggle to obtain a credit account. Back Email Call Now Apply Online free debt test online application apply Debt Resolution forum How long does an IVA last Normally an IVA lasts for 60 months (5 Years) Back Email Call Now Apply Online free debt test online application apply Debt Resolution forum 404 - Page Not Found

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