What will happen In Court

The process may vary slightly from court to court but is as follows. You pay your court fee and meet with a court clerk to swear an oath to confirm that your petition is truthful. You then wait until the clerk takes the paperwork to the judge for approval. It is not likely to see the judge yourself, but in some cases the judge may request to ask you questions in person. You speak to the Official Receiver for a few minutes. Normally this is done by telephone, to schedule a telephone interview in a few days time when the Official Receiver has had the chance to review your case. There is absolutely nothing to fear as all the court and staff have a duty to care for you in regards to your circumstances.

Whenever there is a chance to attend the court, it’s most likely similar as in civil court cases. It is handled at your local County Court. Usually it is just you and the clerk in the room.
During the Official Receiver’s interview you will be asked details about your assets. He/she will explain the procedures for certain types of assets such as house, car, or life policies. He/she will also ask details about the credit you have obtained. The type of questions that he/she will ask will be: when did you obtain that account, what was that used for, how long has it taken for the debt to accrue, have you done balance transfers, if so how much were they for, when, what did you do once you did this, did you reuse the card, have you consolidated, if so when, how much, They will then ask you if you have sought any bankruptcy advice, if so from where and what did they say, did you follow the advice, and finally they will ask you to explain the cause of your bankruptcy.
At the actual bankruptcy hearing you will need to arrive at the court in plenty of time for the pre arranged appointment time, on arrival at the court you will have to contact the bankruptcy clerk. They will take you through the papers and will also require that you sign an oath to state that all of the information that has been provided is true or to the best of your knowledge and belief. Following this you wait. The amount of time in which you will be in the court can vary from court to court. Following this the judge makes the order and you are then bankrupt. You will either receive a copy of the bankruptcy order at this time or it may be sent to your home address.

The Official Receiver will also give notice of the bankruptcy order to any person or organization that may be able to provide details of any assets or liabilities that you have, or have had an interest in. When a bankruptcy order has been made you must comply with all requests made by the Official Receiver. You must provide them with all information requested in your financial affairs. They will instruct you about any and all requirements you need to be aware of while in bankruptcy.

Providing your paperwork, statement of affairs and debtor’s petition, are in proper order and you are declaring yourself legally and financially bankrupt, and your circumstances fit the requirements for filing bankruptcy, then bankruptcy order will be granted.

It is crucial that from this point you have a plan and manage your finances in a manner that will not result in having to file a further bankruptcy order. This may result in more serious consequences. You must follow all restrictions and rules applied to you by the Court when filing bankruptcy or you may face serious charges. Once you are discharged all restrictions are lifted.

Most of the time there is minimal amount of time actually spent in court. Most of the process is handled between you and your Official Receiver. Anyone involved or employed by the Court have a sworn duty to give you “best advice” and to care in favor of your best interests. Some fear the bankruptcy process simply because they do not want to appear in court. This process is made as comfortable as possible, and was designed to help you gain financial control in your life. It is the Court’s objective to see that you will gain financial stability from this point and continue to apply wise decisions to any financial decisions made as not form any financial distress again. The Court may require you to seek additional counseling in regards to structuring your finances in a suitable manner that will allow you to live your life more financially stable.

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