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Can bankruptcy be refused by the court? |
Submitted on: 16th Jul 2009 by Non-Member | Total Answers: 1
My husband an i are due to be made bankrupt but during an appointment with the CAB a comment was made about how he hadnt had one refused yet, is this possible? we have found somewhere to live which we are due to move into a few days after our court appearence but are really worried about it because if the court refuse the bankruptcy we will still have all our debts, the mortgage and rent. what would we do then? please help
Re: Can bankruptcy be refused by the court?
On occasions a judge will make the decision to delay or dismiss a bankruptcy petition but this is normally when a debtor is being made bankrupt by a creditor and requests more time to come up with a solution, or has evidence that they don't owe the money.
It seems like you are declaring yourselves bankrupt so its very likely that the judge will grant the petition.
When you see the judge he or she will first of all check you have taken advice - which you have. They may discuss some alternatives, the Debt Relief Order or the Fast track IVA but as you have been to the CAB it is likely to be a very short hearing and the order will be granted.
The real grilling will come from the Official Receiver's office - usually a few days later so make sure you keep copies of your bankruptcy petition as you will need to refer to them.
It seems like you are in good hands with the CAB but if you have specific questions about bankruptcy by all means click on my name and contact the Debt Advice Foundation.
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