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UK-Justice
UK-Justice, Barrister
Category: UK Bankruptcy Law
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Experience:  Called to the Bar in 2007
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Form 6.28, Question 1.17: ARE YOU OR IN THE LAST FIVE YEARS

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Form 6.28, Question 1.17: ARE YOU OR IN THE LAST FIVE YEARS BEEN A DIRECTOR OR INVOLVED IN THE MANAGEMENT OF A COMPANY?

I am on benefits and not worked since 2006. I have since incurred so many debts that I decided to go bankrupt.

Two years ago my spouse asked me to open a business account for him and a friend of his, as a sole trader. They ran and operated that business and used that account. A while later they asked me to open another account for them as they were not happy with the rates of the other accounts. A few months ago I started receiving debt collectors for debts I have not heard of and found out that the gas, the PDQ machine and the Business rates were all in my name and had debts accumulating over 6,600 thousand pounds. I live in fear each day because debt collectors keep coming and a few days ago a sheriff came for my arrest. Luckily I was able to explain my situation, pay some fees and by some time.

My husband and I are not close anymore since all this came about, however he is still the father of my children and I do care for him. He has not however offered me any support on this and has asked me not to go bankrupt.

I do not know how to answer in the bankruptcy form the above question, because of all these complexities.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Ok. So if you were not a director nor did not manage the business you put no.

If you only opened a business account then that is not running a business or managing it - so you can tick no.

So you tick no. As you were not involved in managing.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thank you so much, I will answer to this affect.


 


May I ask you a few more questions;


On form 6.28, Section 4, I should still list those debts which are in my name attached to this business?


 


 


Will there be any legal repercussions for me during the bankruptcy process in regards XXXXX XXXXX accounts, as I opened the second account without closing the first.


 


Did I do anything wrong by opening a business account for a business that I had nothing to do with? What would happen in the bankruptcy court when this comes around?


 


In my closing statement on form 6.28, section 13, should I mention all of the above and the situation with this business?

Yes list any debts that are attached.

As long as you are honest there should be no repercussions. No, you just opened the account,

Yes mention what your involvement has been.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thanks very much!


Final and last things, do I need to sign or initial each and every page of all three copies of form 6.28 and 6.27?



Also is it ok to fill out electronically and sign, or should they be hand filled?

No, just sign the last page.......


I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
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