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Uk Bankruptcy Myths Exploded
When you go bankrupt you end up in jail, lose your house and your car and you are thrown onto the streets to fend for yourself for at least 5 years and also if you own a company then forget it mate will lose the lot!
What did you feel when you read that statement?
‘Yeah I thought it was something like that’ is the most common thought or reply I come across. I state categorically that all the above may be, and usually is, wrong depending on your circumstances.
Surprised?
Let me tell you some more about UK bankruptcy. The British government went to find out why small enterprise was booming over the pond but not so much in the UK. When the report came back looking in depth on many areas the British government concluded, amongst other factors, that the USA is so enterprising because they had made it easier for individuals to go bankrupt and start again having learnt from their mistakes.
This was the precursor to the changes in the Enterprise Act which impacted the way personal bankruptcy is handled amongst many other areas of finance in the UK today.
At the time of writing, bankruptcy in the UK usually lasts for no more than 12 months. In fact many people are discharged in less than 12 months depending on the circumstances around their bankruptcy. That’s one year or less in most cases! Previously the usually time for an individual to be in bankruptcy was 3 years.
All that said, bankruptcy is a very serious step to take. It is a very public affair and the event can follow you for many years. Even after the bankruptcy has gone from your credit history financial institutions in particular often ask if you have ever declared yourself bankrupt. Your membership in some societies and associations may also be lost.
What can’t you do during bankruptcy
Well you didn’t think it was all a breeze did you? There are a number of things you need to be aware of:
1) You can’t ask for more than £500 of credit without first informing the lender that you are bankrupt. That’s usually the point at which they start sprinting away from you in their rush to not get their fingers burnt. Remember a lender doesn’t just mean a bank, it can mean friends and family. Even if you agree to buy a car off a friend and they say here take it now and pay me the money next week then you are in a credit agreement probably worth more then £500 and so you have to legally tell them about your bankruptcy.
2) You cannot be a director of a limited company whilst your are bankrupt. If you area one-man band or a sole trader, this doesn’t mean you cannot trade as a sole trader. Yes, you get to keep your business assuming you haven’t traded fraudulently but you do lose your limited company status in this instance.
3) You will lose certain positions of authority. Think councillor or accountant or high-ranking police officer. There are many more roles that are affected. Do check with a professional that your job is not affected if you do decide to go bankrupt. Some companies actually have a ‘no bankrupts’ policy in their employment contracts. It’s time to read your contract again.
Other stuff to consider
There is an impact on your credit file for 6 years. This means there is a record of your bankruptcy on your credit file that can be seen by lenders and anyone with access to your history.
Your name will appear in the local newspapers under the bankruptcy notices section and the London Gazette.
On the day of your bankruptcy all your bank accounts are frozen by the Official Receiver (the person appointed by the courts to administer your bankruptcy). If you owe that bank money on the day of your bankruptcy then it is unlikely they will reopen your account. Any accounts in credit will see that money going to the Official Receiver to go towards repaying costs and debts associated with the bankrutpcy.
The really nasty bit that your friend down the pub forgets to tell you
One of the Official Receiver’s roles in administering your bankruptcy is to look at your assets and disposable income and determine your ability to repay your debts. If you have disposable income available then you may end up paying a proportion of that to the Official Receiver over the course of 3 years under an income payment order or income payment agreement. This is a commonly overlooked fact by many a ‘lay person’ giving debt advice down the pub to a friend. It’s can also be a costly bit of overlooked advice.
What about your house and car?
Well this needs to be understood and talked through with a professional but the general rule of thumb is this:
If you own a house then the Official Receiver will take an interest in that property even if it is in negative equity. You may even lose your house in some circumstances even if you have a wife and child at home. The Official Receiver will also be looking to realise funds from the car, caravan or any other valuable asset (anything of value really, start thinking about pensions funds with a cash in value, windfalls, endowment policies, valuable artwork, intellectual property rights, websites….etc.). And this is not just in the run up to bankruptcy. If you have a windfall during your bankruptcy period then that is liable to be made available to the Official Receiver administering your case and paid towards their fees and the losses of your creditors.
What about HP agreements?
HP agreements usually have a clause that if you become bankrupt then the asset (usually a car) must be returned to your HP company. As the car legally belongs to the HP company it cannot be sold off by the Official Receiver. If you are meeting your regular payments to the HP company and the Official Receiver deems that the payments are reasonable for your needs then a conversation with the HP company would be prudent at the earliest opportunity.
If you are going bankrupt for a second time.
The other changes to the Enterprise Act means that people going bankrupt for a second time will likely be made bankrupt for at least 5 years and possibly up to 15 years before being discharged.
Be aware and get proper advice.
Do get good advice from somebody that will guide you through the whole process and not just send you off in the direction of the local courts. Do sit down and get an experienced professional to go through everything in detail. Be aware of all the factors that will affect you if you decide to go bankrupt. Whilst this article is accurate, it cannot be used to replace advice from a professional organisation.
Ed Pearson is a Debt Dr. Debt Dr specialise in debt help and advice for individuals and small businesses. Ed can be contacted on 0845 123 4000 or in confidence on 07970 659266.
http://www.debtDr.co.uk ‘prescribing life without debt’
This article does not constitute regulated advice. Please remember that any action regarding financial advice should always be taken only after considering the specifics of your own situation.
To find out more about Ed try, http://www.ecademy.com/account.php?id=41788
Texas Public Records ? How to Find Public Records in Texas
If you need to carry out your own investigation on a person living in Texas, your efforts should be focused on accessing Texas public records. Public records comprise tons of valuable data, including personal, civil, criminal and financial information, and therefore can be of great help in any investigation.
Searching for Texas public records might mean a lot of legwork, time and efforts, especially, if you yourself are not from Texas. Government agencies, courts, educational institutions, churches and various offices are all on your list, and even if you know exactly where to look for the information you need, rummaging through archives and retrieving information can take ages.
In our computerized era, however, all public records are available in electronic form – and this goes to Texas public records as well. In other words, you do not have to hunt for actual copies, when everything you need is available at a few clicks.
To a certain extent, the information you can obtain online can be free. This goes to basic information like the person’s name, address and house phone number. But further details you may need for your investigation are likely to be paid in order to be accessed.
Many official government sites will charge you for each search. And though you are likely to find what you want, depending on your enquiry, the fee can be quite hefty. Some sites charge only if your search returns positive results. While conducting a single search might be worth the price, investigating about a few people will result in a rather heavy bill.
Looking for Texas public records, you will most probably have to check both state agencies’ websites as well as some of the bigger sites that contain public records nationwide. Finding these sites alone can still be challenging, especially if you have little idea about how to tell genuine public records sites from their fraud duplicates, looking for ways to get easy money from you.
If you want to get all public records in one place, that is, access the most comprehensive databases on the Web, the best thing for you would be joining an online public record directory. Such directories charge a one-time fee, allowing unlimited number of searches for any kind of records, including civil and criminal records, personal information, birth and marriage records, real estate records, certain financial information and much more. Apart from all-nation public record databases, there are more specialized websites, where you can search all public records within the given state.
Take a minute to visit my blog and learn how you can search Texas public records within seconds!
North Carolina Court Records ~ North Carolina Criminal Records
North Carolina Court Records ~ North Carolina Criminal Records. Are you looking to find court records or criminal records from North Carolina? You can now search through thousands of North Carolina Public Records for free in just a few seconds. Don’t wait – find the North Carolina court or criminal records you are looking for today!
** Click Here to Search North Carolina Court Records – Free Preliminary Search Now Available! **
If you are searching for court or criminal records about any man or woman from North Carolina, you have come to the right place. Use the link above to search for North Carolina Court Records in seconds. Court records are maintained by federal, state and local governments and can be nearly impossible to find if you don’t look in the right places. If you click on the link above you will be connected to the most reliable & accurate online public records database. However, if you want to find North Carolina Criminal Records, you should use the link below:
** Click Here to Search North Carolina Criminal Records – Free Preliminary Search Now Available! **
Almost all court and criminal public records are available via the internet or other sources; even though public records are indeed “public”, their accessibility is not always simple or easy. Your best chance to find the records you are looking for quickly and effectively is by using the links on this page and performing a free preliminary search of North Carolina court or criminal records. Instead of paying hundreds of dollars for a private investigator, find the information you are looking for yourself on the internet! Remember – use the above link to search for criminal records and the link below to search for court records.
Click Here to Perform A Free North Carolina Court Records Search!
How to Become a Municipal Judge: Duties and Functions of a Municipal Judge
The job of a municipal judge is an extremely prestigious one as it involves a whole lot of duties and responsibilities and often it turns out that he becomes the leader of a community. He has to decide on verdicts, hear motions, manage multiple legal cases, interpret the law and so on and so forth.Duties of a municipal judgeOne of the many functions of a municipal judge is to look through municipal records and conduct all types of hearings held in a municipal court. If there is any individual, convicted of felony or is charged with violation of city ordinance, the municipal judge has to determine his/her level of guilt or innocence.Some other duties an attorney district has to perform are establishing bail, providing for probation, imposing imprisonment, assessing fines and complying with all kinds of statutory needs. He or she also has to perform all those duties that are required for conducting court. However, while passing judgment or executing a sentence or fine, the attorney district or municipal judge has to abide by law. He or she can’t rise above the authorized law and has to follow the law to the letter.More functions of a municipal judgeA municipal judge has been empowered to select and designate a civil attorney or attorney district or a panel of such attorney lawyers whose job entails providing legal counsel and defense to indigent defendants. Those convicted of crime or felonies are lawfully entitled to obtain legal counsel suitable and appropriate for their case. Another duty of the municipal judge entails appointing an attorney district or civil attorney from the defense panel of the indigent who will represent and defend the convicted. But for that the municipal judge has to do the following things.The municipal judge first has to determine whether the defendant happens to be an indigent individual or not and whether the defendant is legally entitled to receive appointed legal counsel or not of appropriate standards.The municipal judge may even have to order the payment of compensation to all the attorney lawyers involved with this case and this will be according to a schedule which the city manager will approve. But first of all, the convicted has to properly apply for payment in front of the city clerk. The municipal judge will assess the amount as the price or cost of action and this sum will be collected from the defendant by the supervisor of court. If there are more such costs which have been taxed in a proper legal manner to such a defendant, then the supervisor of court is entitled to collect those as well.

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