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Is Bankruptcy The Answer?

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By Neil Faulkner | 29 February 2008

Here, I'm going to look at five questions related to bankruptcy:

• Is it wrong to go bankrupt?
• How do I go bankrupt?
• What can they take?
• Is it hell, going through the bankruptcy process?
• Is bankruptcy the answer?

To answer them, I'll refer to messages posted by debt experts and former bankrupts on our unbeatable free debt resource, the Dealing with Debt discussion board.

Is it wrong to go bankrupt?

The majority of people who go bankrupt really wish that it wasn't their best option, but usually it is.

Fool board user Blue119 summarises it nicely. He accepts that we have responsibilities: 'Normally my position is that debts should be repaid if you can possibly do it.' But he also says: 'The bankruptcy laws are there for people who have genuinely dug themselves into a hole that they cannot get out of.'

SON1C says something similar:

'It is very honourable to soldier on and attempt to pay back your creditors and I agree that you should always try your best to do so but if you are in serious debt and having considered all of the alternatives there is just no way that you can manage and you are making yourself ill with worry and you can't provide for your family, then please consider bankruptcy- it is a right that you have in Law.'

Read the full messages:

Blue119's  Debt Advice welcome/needed
SON1C's  What Can I Do To Them?

How do I go bankrupt?

The process, in short, is like this:

• Go to your local County Court for a bankruptcy pack.
• Fill in the forms and take them back to the Court. A clerk will check them.
• Pay the fee to the court. (Currently the bankruptcy fee is £485, £150 of which is the court fee, which can be waived if you're on income support. Fees tend to go up in April each year.)
• You'll next have a five minute chat with a judge in his/her office, who'll ask a question or two. If satisfied, he/she will make the bankruptcy order.
• You then go the office of the Official Receiver, usually straight away. You fill in more forms and answer some more questions.
• You might have to make some payments for up to three years, but you'll normally be 'discharged' from bankruptcy within 12 months.

That's the outline. But you can read more about each step in great detail with these two fantastic messages:

SON1C's  What Can I Do To Them?
Manzanilla's  Bankruptcy - questions and practicalities

What can they take?

They must leave you with your essentials, so a better question is what can't they take? Here's the short answer:

• They can't take your spouse's assets.
• You don't necessarily lose your home.
• You do not automatically lose your car.
• You can carry on in business (although you can't be a director in a limited company).
• You can have a bank account.
• You can still apply for credit.
• They won't take your pension.

Read a lot more detail in:

SON1C's  What can they do to me? (Scroll down to point 6.)

What's it like to go through the process of being made bankrupt?

For most people, it's no way near as bad as you think. Court staff, including judges, are sympathetic. You also need to meet the Official Receiver after the judge to talk about your finances, but these guys don't judge you either. Most stories from the discussion board include a great deal of relief after the event. What's more, our board users' comments reveal that you normally gain a healthy fear of borrowing money unless it's absolutely necessary!

Read stories from people who've been to court and visited the Official Receiver:

NotOwned's  THANKYOU - Had My OR Meeting
Headinsand's  HELP - interview with the OR on thursday (and DiagonAlley's response to that)
Cuteykat's  Bankruptcy Day Came

So, is bankruptcy the answer?

If your other solutions are unrealistic then yes, it is. You should get advice for your specific situation, perhaps from our Dealing with Debt community, where you can post anonymous messages and get quality, friendly, independent feedback. (I can't praise the helpful, knowledgeable people on this board enough.)

Manzanilla says: 'The simple answer is that you should go bankrupt as soon as possible after you have decided that bankruptcy is the best solution for you.

'Having said this, if you are in any doubt about the bankruptcy decision, do not rush into it. If you think everything might look different in a couple of years, for example when your children are at school and you can get a job, then you need a temporary solution to your debt problems. You can't change your mind about bankruptcy, so if you think another solution might work, give that a go first.'

Read more in her comprehensive post:

Manzanilla's  Bankruptcy - questions and practicalities

Check out our guide: How To Get Out Of Debt.

Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool.

At 21:44 on March 05 2008, nickgrhorton said:

Neil,
The glibness with which you deal with this matter is appalling. choosing bankruptcy doesn't just mean 'anonymous' banks lose out, but suppliers of goods and services as well. Explain, please, why a bankrupt should keep his/her pension when I will have to dig into mine to cover the bad debts of other parties? Or perhaps he can keep his car while I have to sell mine? And what if my firm can't cover those debts? Do you think I should go bankrupt and pass them on to some other poor sod? Do you have no grip in morality? It's utterly irresponsible to go bankrupt, it's bad for other firms and, worse still, allows incompetent people back into business to cause more harm. Is it wrong to go bankrupt? Hell yes!

Nick Horton

At 10:29 on March 06 2008, CashingIn100 said:

Nick Horton is not in touch with reality. Maybe he thinks people should stoned to death for being in debt - or maybe he would just like to see them and their families tossed on the street, stripped of all clothing and made to eat road kill. Will that make you happy Nick?

At 08:06 on March 09 2008, seagull104 said:

Neil
I absolutely agree with Nick. Bankruptcy is a conman's way out of his responsibilities. As manager of a block of flats I have watched young guys run up debts regardless, borrow money from girl friends till they had no more credit, "alter" rooms so they were structurally unsound all in the secure knowledge that "gloing bankrupt" excused them from the consequences. It was the naive girls I felt most sorry for because their futures were blighted. Women tend to be much more responsible in these matters.
The penalties for bankruptcy should be much more severe and lasting.

At 18:22 on March 10 2008, susiesmum said:

There used to be debtors' prisons. Perhaps Nick would like their return? Yes, I'm sure some people 'plan' bankruptcy as seagull describes but there will always be conmen. Most people contemplating bankruptcy (and I'd include myself in this) never planned it. I'm 60 and probably will be homeless within the year. Yes, it was my fault I borrowed so heavily, but there were reasons (I won't bore you with a life history), and I never thought to get to this point.

At 21:43 on March 10 2008, missexceptional said:

i have been in an iva for 22 months but due to job change am unable to meet the payments and the payment i can make is in no way sufficient that the creditors will accept it. i wondered if my best option is bankruptcy? and was concerned about the closing of the bank account bit (I just opened a new basic account when I took the iva out)?? anyone have any useful advice. also i work in cabin crew industry and wondered if this profession is affected by the (won't employ you status)........... help

At 11:06 on March 11 2008, TMFVertigo said:

hi missexceptional. You should be OK in the cabin crew industry. It's professions like accountants and lawyers who will be unable to continue their work whilst bankrupt. However, your employer might realise you've become bankrupt, because your tax code will change. That should only be a problem if you want to keep it a secret...The best place to get advice on whether you should go bankrupt is The Motley Fool's Dealing with Debt discussion board. There are many friendly, knowledgeable Fools there: people who are in debt, have been in debt, or work in the debt industry, who can debate your situation and come up with the best solution for you. Please post your questions again there: http://boards.fool.co.uk/Messages.asp?bid=50079 Neil (the author)

At 16:58 on March 18 2008, danni001 said:

Nick Horton, you have obviously never been in this situation. I am actually quite disgusted with what you have said. I have never been in the situation myself but my sister is going through it at the moment. It has taken her nearly four years to own up to me that she had a problem, that her life savings no longer existed and that she had entered into the most ridiculous IVA agreements that I have ever seen. Maybe if the IVA companies or someone else offered a more realistic solution then people wouldn't have to go bankrupt. This is the last thing that they want to happen, they are faced with losing everything that they have. They may not be able to keep the car or the house, they get essentials, which means that they can keep white goods and the clothes on their backs. I actually feel sorry for these people and maybe its the banks who shoudl be blamed here as there is a case for responsible lending, their solution to my sisters problem was to give her more money!!! How ridiculous is that!!!!

At 16:06 on March 20 2008, BlackieD said:

I agree that people who purposely run up debt and use Bankruptcy as a get-out are highly irresponsible. However, as others have mentioned, not everyone who chooses this option is a 'conman'. My Father is now bankrupt after running up too much debt. As he's a manic depressive, I find it hard to consider him a 'conman'. He only ever ran up debt during one of his 'episodes', as the professionals say. I'm not saying that this is an excuse, but it highlights individual circumstances surrounding Bankruptcy. Personally, I believe that Banks need to take more responsibility, too. My Father had a credit card with a £10, 000 limit when he was only receiving standard DLA benefit support. Of course, I do not expect them to be aware of his mental state, but surely someone on benefits should not have access to that kind of credit limit. We had no idea he had this kind of limit and would have informed the Bank if we'd known. I don't think people should be crucified for their mistakes. The idea of them all being 'conmen' is ridiculous.

At 17:52 on March 22 2008, Beej40 said:

This is an interesting thread, one reflecting either side of the issue.

It is evident that today there is neither the same stigma nor the same personal consequences of bankruptcy that there were 20 years or more ago. It is a much easier option (relatively speaking) than it once was. This has in its own way contributed to the careless accumulation of personal debt in the UK, the consequences of which will become ever more apparent in the coming economic downturn.

Those who through genuine misfortune and circumstances find themselves in this position deserve all the assistance they can get.

There are, however, very many others who treat the experience of bankruptcy with a shrug and, undaunted, move on to find new ways of squandering cash that they don't have. They leave behind many victims.

Barry

At 21:29 on March 22 2008, Malikandmoney said:

i think there is one main thing whic leads to bankruptcy which is spending more than your earn.

First make a note of all your spendings such as direct debits, food etc. this will help you indentify that how much is your income and outcome. this will also help you indentify if you are spending more than you earn or you are in your budget lines. but you might be thinking how do i write this all now "this is not a long preocedure and trust me doing this will grow your cash"

You can write all your expenses in a book and do all the calculation but you wont have time for all this beucase these days every one is busy. so therefore there are various budget templates avaible which can help you enter you budget into spreadsheet template this will amke it easier to do calculations. below i have provided a link to a template which can help you manage your money , so if you manage your money and control your spending this will lead to decrease you extra expenditure and will help grow your cash.

Free Excel budget template spreadsheet
http://www.free-financial-advice.net/budget.xls


budgeting template will make it all easy for you , you will be able to indentify where your most of the money is being spent and where you can cut the cost. doing this saves money which you can keep in a saving account or invest it to grow.

At 15:50 on March 27 2008, TMFVertigo said:

Thanks for all your comments, folks. Barry, you said:

"Those who through genuine misfortune and circumstances find themselves in this position deserve all the assistance they can get.

"There are, however, very many others who treat the experience of bankruptcy with a shrug and, undaunted, move on to find new ways of squandering cash that they don't have. They leave behind many victims."

I agree with your first point. I don't with your second. I've seen no evidence that there are 'very many people who treat bankruptcty with a shrug'. Admittedly there are some people that do, and small businesses suffer and close because of it. But the proportion is highly exaggerated. The vast majority of people hate the situation they're in. They're ashamed and scared, and did not want to be there at all.

Actually, most people who borrow gain quite a lot from the banks' willingness to lend irresponsibly. By lending money willy-nilly they make more profits, because they can easily handle an increase to the number of bad debtors. These increased profits mean that they can lower their rates further to attract more business. So, vast numbers of people get cheaper loans as a result.

At 16:30 on March 31 2008, sponge33 said:

well now to IVA or be bankrupt. By the time it's considered, beleive me you need one or the other. Having taken an IVA myself some 20 months ago with £60K of credit card debt, I've over another three years of £560 per month.. Anywway to the point. I was in trouble and with the late payment fees it jacked up my min reypayment to £1600 per month and when the credit card companies couldn't do that the jacked up the intrest rate instead....nice They knew I was in trouble by my payment history. When I wanted to talk someone at the credit card company, it fell on deaf ears... Soooo when i heard about my friend IVA....ha take that you greedy buggers (I did pay all owing to bank of 29 years as they had been v.fair. Barlcays in this case.... And they stopped the credit card company dipping into the account, which they will do if they can

Well first let me tell you life without credit..Fanstasitc, it reaaly is..However would it be better to have gone bankrupt?? it would all be over by now and reading the above you can have a credit being bankcrupt but not with I'm not allowed with an IVA...not that I want it...Although a debit card would be useful..My junior 11+ account really custs the mustard with me cash card the join the tufty club for free..

At 20:52 on March 31 2008, mjammy said:

this is a reply to some off the early post. i don't think that the banks should be blamed at all. If a grown adult is offered something you have rights and it's your choice to accept or decline the offer.

YOU as the responsible adult should take a look at YOUR finances and judge whether you are able to afford the borowings you want to take advantage of.

i have messed up myself my debt is minimal of £3200 (hire car returned-by choice- welcome car finance) thieving buggers and natwest of £1734. i shall clear them in 4 months. I PUT MYSELF IN THIS POSITION NOT the banks.

obvioulsy the banks are there to make money why do people not see it this way. a clothes shop is the same- A BUSINESS, yes financial bit the banks are not doing it for fun.

remember that people

At 14:35 on April 19 2008, danielbezza said:

i expect there are lots of people very careless with there finances and end up in bad debt and use bankruptcy as an out,but no different to companies and banks such as northern rock who end up in a financial mess so if these can make financial mistakes and finance is there business then surely legitimate bankrupts can be forgiven

At 10:53 on April 29 2008, justabloke1 said:

I sympathise with all bankrupts that genuinely had no clue of the consequence of large debt, Nick Horton has his head up his, well you get my drift. I completed an IVA some 15 years ago and am totally solvent now with assets over a million quid and healthy savings.
I have another problem though and I would like advice??
My Dad is 84 and worked all of his life till he was 63, he retired with a nice pension and a lump sum and was never in debt. My mum died before he retired and she also worked hard. He has since remarried a younger model that had had a hard life, she has managed to get them into serious debt with Credit Cards, store cards and any other spending means. Luckily I bought the house a few years ago and they live there on a vastlt reduced rent.
My Dad will not elaborate on the exact amount of debt and keeps telling me that if he had a few quid he could manage the debt, I know this to be untrue. How can I find out what they owe and to whom they owe it? I have approached Debenhams and RBS as I know they are owed a lot.

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