i am due to made bankrupt at the end of april as my trust deed failes due to a cut in my hours again the problem is my hours have been restored due to the fact that we have a colleague on the sick for 3 months and others on holiday will the bankruptcy still go ahead at the end of april
Hi darnk0,
It's hard to know without knowing a lot more of the background. However if the increase in your income is to be temporary I suspect the bankruptcy may still go ahead.
I think this is a question best asked directly to your Trustee.
i was under trust deed but it failed due to the fact that my hours were cut and i started falling behind in payments the increase in hours is temporary because the guard on sick for 10 weeks and will be back then my hours go back to normal
Let us know what your Trustee says darnk0.
I do think a temporary increase in income may not be a reason to change the course of action as it stands.
How many contributions to the Trust Deed had you made before the payments could not be continued?
i paid about 18 months of my trust deed and then my hours got cut once the guard is back my hours will go back down again
my trustee said it still best for mt go into sequestration at the end of the month. how long does it itake for the sequestration to start up
The initial process will be a Warrant to Cite will be issued by the Court - citing you to attend court on a given date (usually about a month from the hearing) - you will get about 14 days notice. You do not have to attend unless you would like to or you are defending the action.
At the Hearing the Sheriff will make the Award and given what you describe there is a likeliehood that the Accountant in Bankruptcy will be appointed as Trustee. An alternative could be that an Insolvency Practitioner is appointed as Trustee.
The Accoutant in Bankruptcy can either keep the case in house or pass to one of the appointed Contracted Agents related to the area in which you reside.
They will then contact you directly very shortly after receiving the documentation with the view to:
a. Ensuring you complete an Assets and Liabilities Form 3, which should be completed and returned within 7 days of receipt
b. Arranging for and conducting an interview to complete a Supplementary Questionnaire - this can be conducted over the telephone.
I would like to think from Warrant to Cite until contact about 6 weeks.
Insolvencyboy
i am due to go into sequestration the trustee said i must pay this myself i have already paid them ?ú100 now they have said i need to pay more as the ?ú100 is not enough what can i do can i go through sequestration myself
rather than do it through my trustee
If your Trust Deed was "Protected" it is the responsibility of the Trustee to Petition for your Sequestration (due to non-compliance) - in this scenario you cannot do it yourself.
If the Trust Deed has failed to become "Protected" due to objections from your Creditors you are able to apply for your Bankruptcy.
Insolvencyboy
Hi darnk0
Looks like your Trustee is trying to get you ti foot the bill, when, as Insolvencyboy says, the responsibility and cost is with him (or her)
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
i will speak to my trustee and see what the say tueasday my hours are due to go back to normal when the other guard comes back from the sick when that happens i will not be able afford to give them anything
my big problem is that if my trustee is not willing to put me into sequestration as i have already paid them ?ú100 what can i do now will i be able to do it myself
Hi darnk0,
I think that Mark and insolvencyboy are saying that your Trustee has a responsibility to handle this.
It doesn't look like he/she will have much choice in the circumstances that you have described.
Please let us know what you hear from your Trust Deed company when you speak with them.
i have spoken with trustee and they want me to pay ?ú360 thats what they say their lawer costs to put me into sequestration i already asked them should they not be doinf this themselves and they said noo iwas tp the bill or i will not go into sequestration i really do not know what to do now
Hi darnko
Can I ask how many Trust Deed payments you made and how much you were paying.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.