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Archive for the ‘Bankruptcy articles’ Category

Biggins’ Brilliant Bankruptcy

Monday, April 19th, 2010

Christopher Biggins has recently been quoted as saying that the bankruptcy process was the best thing that ever happened to him. Apparently, it taught him valuable life lessons about the difference between cost and value, the importance of money management and taking a responsible approach to spending. Given the trend of bankruptcy and bad debt among his fellow “I’m a Celebrity… Get me Out of Here!” contestants, it would seem to be a lesson that they’d all do well to learn.

Essentially celebrities, or more broadly, those in the entertainment industry, are in jobs that cannot guarantee a stable income for an extended period. Some would argue, what jobs can in this day and age? Well, for entertainers more than most, the work can come and go but the habit of excessive spending remains pretty constant. Others who are self employed will understand the transient nature of the work but the spending habits of celebrities will be alien to the vast majority.

The root of Christopher Biggins’ debt problem will not be unrecognisable to his peers; it boils down to inadequate or non-existent budgeting. When the work isn’t there, the money isn’t coming in. Well, at least certainly not fast enough to match the spending. That, in the most basic terms, is at the core of the vast majority of people’s financial ill-health. Luckily, he sought out debt advice and decided, with the help of the advisor, that declaring bankruptcy was going to be the best option for someone in his situation, facing his level of debt.

The benefit of bankruptcy, if it can be described as such, for someone in Christopher Biggins’ position, who’s struggling to keep control of their spending, is the limit it places on your access to credit. You’re only allowed to keep only one card and a single bank account. So, if you can’t manage your own personal finance, bankruptcy simply makes it a lot harder to spend. Naturally, it’s not the only debt solution currently available on the market UK market. In fact, bankruptcy is the most severe debt solution. It’s possible that you could lose the equity in your home or some other valuable asset to the service your outstanding debt. If bankruptcy is excessive for someone in your situation, it is best avoided. Speak to a dedicated debt advisor and consider something like an IVA instead.

Biggins bankruptcy allowed him to keep his home and other assets. Often though, bankruptcy proceedings will lead to repossession in order to service the debt. Another perk of the IVA is that it lets you keep your home and other assets, as long as you keep up with the repayment plan. The stigma surrounding bankruptcy could be taken two ways in relation to high profile people like celebs. On one hand, they have a reputation to uphold but on the other, courting controversy can prove to be lucrative. For most of us though, the added privacy of an IVA, as opposed to being published in your local newspapers and the London Gazette like bankruptcy, is a significant benefit.

No matter which debt solution is found to be the most suitable for someone in your circumstances, we can learn from Biggins’ debt problem in the way he sought out professional advice. Perhaps had he done it sooner, he would have avoided bankruptcy. Then again, it seems to have worked for him. For a free, impartial check-up of your financial health, visit www.debtsolver.co.uk and a dedicated debt advisor will diagnose your problem and prescribe the proper debt solution.

How Your Enemy Can Bankrupt You Online for £360

Monday, April 12th, 2010

Are you currently embroiled in a bitter feud? Are you looking for a fiendish, dastardly way to hit them where it hurts? Well, probably not. If you were however, you’d be able to go straight for their financial security.

Under the Government’s proposed scheme, which will allow individuals to file for a DIY bankruptcy online, a bit of identity theft and £360 would let you bankrupt your sworn enemy, or let them bankrupt you. Although such soap-opera styled, pantomime villainy might seem a bit far fetched, it does actually make you think about the security of our finances.

The proposal for self-service insolvency has arisen in response to the mounting backlog of bankruptcy applications that are waiting to be processed through the UK courts. It will have its benefits for those people who wish to declare themselves bankrupt. Firstly, they’ll be able to avoid the court process and the long wait that goes with it. In fact, for parts of England and Wales the wait can be as long as three months between making the initial application and being granted a bankruptcy order. For people in a highly serious situation, facing the stress of mounting debt and severe financial difficulties, this is a huge amount of time to wait for the injunction that can save them from their creditors. Naturally, these new measures are intended to cut this highly stressful and potentially damaging waiting time from months to days.

There is cause for alarm though. The threat of malicious bankruptcies, in which blameless victims could find themselves unexpectedly bankrupt at the hands of spiteful, identity thieving impersonators, is real and should emphasise the vital importance of tight security. As we are all aware, identity theft is something that we all have to be vigilant about. The first sign to the unsuspecting victim would know be the broad based shutting down of their financial affairs. They would risk losing their home and other valuable assets; borrowing would become hugely difficult and incredibly expensive; and they could well lose their job if theirs is a profession which precludes those subject to a bankruptcy order.

As severe as the situation is, there is also the fear that there will be people who make an application without proper consideration of the consequences. As there is no requirement for anyone to take professional advice before making their application, unnecessary or ill-advised applications could become commonplace. Essentially, there is nothing to stop you getting back from the pub and deciding to file for bankruptcy, then waking up in the morning and wishing you hadn’t. For such a serious financial process, the most severe debt solution on the market, it’s very important to talk the situation through with an impartial debt advisor. If you’re worried about your financial health, www.debtsolver.co.uk offer free, no obligation debt checkups. From this, one of their dedicated financial advisors will be able to diagnose your debt and prescribe the proper debt solution to suit you. If this is bankruptcy, they’ll support you through the process, if your situation is more suited to an alternative debt solution, they’ll advise you of your options.

What are the Implications of a DIY Bankruptcy?

Wednesday, February 3rd, 2010

The rising tide of insolvency in the UK is causing the government to call for some drastic measures to be put in place in order to ease the mounting pressure on the courts. The number of bankruptcy applications currently awaiting court approval is causing such a backlog that there are ongoing discussions surrounding a proposal to introduce a ‘self-service’ system for online insolvency. In some places, the wait between the initial application to the court and a bankruptcy order being granted is as long as three months. Anything that can be done to alleviate the stress of this procedure is beneficial, as bankruptcy is the most severe debt solution on the market. However, a move that could promote the concept of bankruptcy as a quick-fix for those facing mounting debt could be ultimately damaging.

Bankruptcy should always be your last resort when searching for a debt solution. A specialist debt advisor would always suggest that you weigh up all of the potential avenues of debt help at your disposal before settling on any in one particular. This is doubly important when serious debt problems are prompting you to consider bankruptcy as a possible solution. Bankruptcy can cost you your home and any other valuable assets that may be used to repay your creditors. After taking a reasonable amount of your salary to cover your cost of living, the rest could go towards an Income Payments Order. The implications are long-lasting in other ways too. A record of insolvency can also hamper any future career plans and damage your credit rating to the point where you struggle to secure credit, make down payments or even attain a mortgage.

Although filling in a bankruptcy petition online can seem like a discreet way of managing a potentially embarrassing situation, it’s important to remember that bankruptcies are still listed in local newspapers and the London Gazette. The stigma of insolvency will mean different things to different people but it is definitely something to consider. When faced with mounting debt pressure, you might feel that all of these consequences are necessary evils and would be worth facing to be debt free. Do bear in that your student loan, any outstanding fines and some other debts aren’t actually covered by a bankruptcy petition. It’s also worth remembering that there are other options on the market and that bankruptcy is not an easy way out of bad debt.

An IVA, or Individual Voluntary Agreement, is a far more accessible and less severe debt solution. It will allow you to keep your home, repay a reasonable, affordable amount each month and after a given period, usually 60 months, any remaining debt will be written off.  There are, of course, other debt solutions out there. To be sure you are taking the right option, it’s essential to get specialist debt advice. Contact Debtsolver for free debt help whenever you find yourself facing debt problems.

Avoid the Stigma of Insolvency

Monday, February 1st, 2010

Although insolvency is not as severe as it once was, it is still the debt solution of last resort. At one time, the bankruptcy term was five years and the effect of the order on your credit rating was even more long lasting. Now, in an effort to minimise the stress of the process, the term is usually complete within 12 months. In some cases, an Income Payment Order could be put in place to garnish your salary in further service of your outstanding debt but this is only in severe cases. There’s even a government proposal in place to allow individuals to petition for their own bankruptcy online. The aim of this proposal is to minimise the waiting period between making an initial petition and having your time in court, as in some areas of the UK, this can be as long as three months.

This obviously points to an increased number of people facing the threat of insolvency. However, even with insolvency affecting far more Brits than ever before, there is still a certain stigma surrounding the entire bankruptcy process. Your bankruptcy order is a matter of public record. As such, the details of your insolvency will be published in your local paper. It is understandable that the effect of the bankruptcy order should be recorded in your credit report. It’s only natural that any effort to secure credit in excess of £500 should require that you inform the lender of your insolvency. Also, if you were to approach a business to carry out works, it is understandable to expect that they be totally honest with you about any history of liquidation. It’s also understandable that the stigma surrounding it might put you off.

Even though there is less stigma surrounding insolvency, since a greater number of people understand the causes that can lead you there, bankruptcy is something that will always have that connotation. It is no way something to be celebrated, neither is it a quick fix or something to be taken lightly. It is the most severe debt solution on the market and should only be considered as a last resort, as it can cost your home and other assets and place limitations on your career choices. You should seek specialist debt advice about the alternative options that are open to you. An IVA would definitely be preferable as it’s a private agreement between you and your creditors. So, there’s no stigma about your peer group knowing your financial circumstances. The term is usually 5 years but after this time, the remainder of your debt is written off and your assets are safe from liquidation.

How Could John Burton Race Have Dodged Bankruptcy?

Monday, January 25th, 2010

In the tradition of ITV’s “I’m a Celebrity… Get me out of here!”, 2009 saw the bankruptcy of jungle escapee and celebrity chef John Burton Race. Having appeared on the hit television show in 2007, he joined not-so-exclusive group of “I’m a Celebrity…” contestants who have failed to avoid the financial poisoned chalice that follows the programme. As we look back on the past year, financial hardships and the impact of recession have featured heavily and with retrospect, we can see where things went wrong and highlight what we’ll do differently in the future. For many though, 2009 will be entirely summed up by the headlines that forecast financial doom and gloom. If we take the example of John Burton Race, as someone who found bankruptcy to be a solution to their debt problem, we can look at the things that he might have done differently. After all, bankruptcy is the most severe debt solution on the market and although it may be the solution best suited to some circumstances, there are alternatives.

Celebrity chef John Burton Race filed a personal bankruptcy application only two months after his ex-wife Kim was made bankrupt by a creditor application to the High Court for an outstanding debt of £15,000. The couple had owned the Michelin starred restaurant, The New Angel in Dartmouth, which he was ordered by a Judge to liquidate, along with other assets, including the family home and his entire collection of 42 vintage cars. On the 27th of November 2007, while John was still competing with his fellow celebrities in the Australian Outback for the ITV programme, Kim closed the restaurant.

Although John Burton Race was forced to sell the restaurant by the court, it was actually bought by his friend, the millionaire owner of LastMinute.com, Clive Jacobs. This allowed Race to remain at the restaurant as head chef. According to reports from the Insolvency Service, Burton Race declared himself bankrupt in March and as a result, his assets have now been frozen and his creditors will now have to apply to his Insolvency Practitioner in order to be paid. The bankruptcy application does get your creditors off your back in this way, making them direct all correspondence to your Insolvency Practitioner. However, as highlighted by the case of Burton Race, it can also cost you all of your most valuable assets, which are taken to service your debt. If it could’ve been avoided, John would’ve been far better advised to go for an IVA in order to solve his mounting debt problems.

The Individual Voluntary Arrangement would probably have been a better option for Kim too, as she was petitioned for bankruptcy due to an outstanding debt of £15,000, the threshold of unsecured debt required to apply for an IVA. The total debt value also has to be divided between at least three creditors. With an IVA, you’ll not usually have to pay back all of your debts as your creditors will write off a percentage of them. In order to have it accepted, 75% of your creditors will need to be in favour but this percentage is defined in terms of value rather than by creditor headcount. As a homeowner, you’re home will not be at risk as long as you stick to the repayment plan that you’ll draw up with your Insolvency Practitioner. You may need to give up some of the equity in your property to service your debt but your assets are far safer than they would be with bankruptcy.

Talking to one of the specialist debt advisors at Debtsolver, at the earliest sign of impending debt problems, would have helped to safeguard Burton Race’s assets from bankruptcy and liquidation. If you are worried about your financial situation, talk to Debtsolver for impartial debt help and a solution to your personal debt problem.

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