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What are some debts that a person applying for bankruptcy should check?

Going bankrupt implies that a person won’t be accountable for most of his debts, and he need not pay them. The majority of debts a person has when a bankruptcy order’s made are covered by his bankruptcy. He may become accountable for things, including court expenses or benefit overpayments due to something that occurred before his bankruptcy date. Any debts that come up will be included in his bankruptcy order. Among them are payments he is asked after being discharged from bankruptcy. Thus, he need not pay them when his bankruptcy period ends. The person has got to know the debts incorporated in bankruptcy.

It’s vital to know that all sorts of debt aren’t included in bankruptcy. The ones the person owes these debts to could still take action for recovering their money. Thus, a person applying for bankruptcy should figure out how to handle any debts not covered.

A person must check whether his mortgage is affected by bankruptcy

A person needs to continue paying his mortgage and other indispensable bills subsequent to a bankruptcy order. If he falls behind with his mortgage payments, bankruptcy can’t stop his mortgage lender from acting to repossess his home. It could be that his repossessed and sold house can’t raise sufficient money to settle

  • his unsettled mortgage
  • Another debt secured on it

In such a case, the outstanding debt or ‘mortgage shortfall’ won’t be secured any more. Thus, he’s released from it when his bankruptcy ends. The person’s also released from “mortgage shortfall” whenever his house is sold, even after his bankruptcy ends.

What about Fraudulent debts

If the person had taken out any of his debts by fraud, his creditor can’t pursue him to pay them while he is bankrupt. However, he will not be released from them when his bankruptcy period ends. Thus, he will be accountable for paying the debts he acquired by fraud after being discharged from bankruptcy.

What about Debts in joint names

A person would owe debts together with another person. He can include these in his bankruptcy. Nevertheless, the creditor can then pursue the other individual for the entire sum owed. They are entitled to this regardless of the individual being employed or not.

He and the other individual can apply for Faliment Personal UK separately, covering the joint debt. Both must pay a charge and a deposit individually. They can’t apply for bankruptcy together.

Guarantor and business debts

A person may have taken out a loan against a guarantor. The loan will be included in his bankruptcy, but the guarantor must pay the debt. If he’s the guarantor and the other individual can’t pay, the loan is included in his bankruptcy, and his creditor can pursue him for it. Bankruptcy covers business debts. A person can have business debts in a partnership. He can apply jointly for bankruptcy with the consent of the partners. A person considering this option should seek specialist advice.