Bankrupt - Bankruptcy Advice And Help

Do you live in Scotland?
As Scotland has its own legal system, distinct from that of England and Wales, laws relating to bankruptcy are different too. In Scotland, personal bankruptcy is known as sequestration.



 
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1. Is there really "a little known piece of government legislation" that will write off up to 80% of all my debts so that I won't be declared bankrupt?

2. Will I lose my house if I am declared bankrupt?

3. Will my friends and family find out that I have been made bankrupt?

4. Will my boss find out that I have been made bankrupt?

5. Could I give everything of value to my partner or friend before going bankrupt?

6. Are there costs involved in going bankrupt?

7. Who is The Official Receiver and what will he want to know?

8. Will my bankruptcy really end after a year because of changes in the law?

9. When my bankruptcy ends will I be free of all my debts?

10. Will I be able to obtain a mortgage if I have been bankrupt?
Could I give away everything of value to my partner or friend before going bankrupt?

NOTE: If you have serious problems with debt and are considering bankruptcy, it is important that you seek professional advice before doing so.



When you are declared bankrupt, all of your assets immediately come under the control of the Official Receiver or whoever is appointed as your Trustee. They will then seek to sell them in order to raise funds to settle part or all of your outstanding debts.

Hiding your assets from your trustee is a criminal offence - as is selling items at below market value or giving them away in a bid to avoid handing them over to your trustee.

So simply transfering ownership of your assets to your partner or giving them away to a friend for safekeeping while you are bankrupt is against the law.

As well as it being a criminal offence, such behaviour is likely to lead to the court issuing a Bankruptcy Restrictions Order which will remain in force from two to 15 years, depending on how seriously the court views your actions and the impact that they have had on your creditors.

So instead of being discharged as a bankrupt after one year, the restrictions placed on you will you are bankrupt could be extended for up to 15 years - something that would have major repercussions for you.

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Please note the contents of this website are for information purposes only and do not constitute financial advice.
Please seek independent professional advice before taking action that may affect your financial well-being.