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You will be required, whilst completing
the bankruptcy petitioning forms to complete a statement of
means to show all income and all outgoings, this can be done
on either a monthly or weekly basis (you must not mix the
two), and either as a joint or sole account.
If the account is done jointly, you must
show your spouses income and all of their expenditures during
the month/week as well as your own.
Bear in mind that you will not be paying
such things as unsecured loans, credit cards etc after the
bankruptcy order has been made, the bankrupt must not therefore
include those payments on their statement of means.
Of course, your spouse will still be
required to make their usual payments unless, they are to
petition as well.
The reason for this statement is to establish
whether you have any surplus income that could be paid into
the bankruptcy to satisfy (in whole or in part) those debts
included in the bankruptcy.
Following the making of a bankruptcy
order you will be required to produce six monthly income and
expenditure accounts on the same basis as that produced in
the petitioning forms.
Again, the purpose of this account is
to determine whether you have any surplus income for the benefit
of your creditors.
Should it be shown that you do have surplus
income then the Trustee in bankruptcy will discuss with you
an appropriate sum to be paid monthly into the bankruptcy.
A court order will then be obtained called "an income payments
order" which will remain in force during the life of the bankruptcy.
The figures will be reviewed when each six monthly account
is received and the income payments order adjusted accordingly.
The income payments order will be discharged
on the completion of the bankruptcy period.
To review the law in respect of your
"future income" click here.
To review case studies in respect of
your "future income please click over the following:
Case study 1
Case study 2
Case study 3
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