The day to visit the Bankruptcy Court had arrived! I was up late the night before completing all the forms so I hadn’t had the best nights sleep. I wasn’t that nervous the night before as I had been informed of what to expect by the bankruptcy clerk and the organisations that I had received advice from.
Due to the advice I received, I knew that I was doing the right thing and that I had the support of my family and friends. There were no doubts and I just got up and went. As I would be going before the Judge I wore a shirt, tie and trousers. As requested by the bankruptcy clerk I took photocopies of my statement of affairs form and the bankruptcy petition although this proved unnecessary.
I arrived at 9:30am as instructed however the court didn’t open until 10:00am. Upon entering the County Court security asked me to remove all objects from my pockets and led me through a metal detector. I was then shown to the room where I would present the bankruptcy petition.
It was a small room much like a bank with a counter and staff behind in an office. There were guidance leaflets all over and present was a lady, her mother and a baby. She was seeking an interim order to prevent her from being evicted from her house. That sort of made me realise how important it is to seek advice early regarding debt problems, as my predicament could certainly have been worse if I hadn’t. At least I wasn’t having to worry about being evicted from my house or going to prison because I have been unable to pay my council tax!
I was then called to the counter and the court official asked how I was. I replied “I’ve felt better” and surprisingly he replied, “You will be in about an hour”. That sure helped me to relax! He checked the petition, issued a case number and asked if I minded swearing on oath. I’m not religious but do remember thinking what if all is not true etc – v. strange for me! He then asked for me to take a seat while he arranges for me to see the judge.
Five minutes later I was on my way to his chambers. On the way I asked the court official about the increase in petitions and what his thoughts are for this year. His response was as expected. “We have become increasingly busy throughout 2005, had to do overtime and were briefed to expect a similar number for 2006. I personally think that an increase in the number of personal insolvencies is likely”, he added.
When we arrived at the chambers area the court official asked me to take a seat in the waiting room while he notified the Judge I was waiting. He then walked me into the Judges chambers where he took a seat towards the back of the room. He remained there throughout.
The Judge was Polite and assertive in saying “good morning”. I removed my coat expecting to be there a short while and wanted to look smart. The Judge asked, “So you would like me to declare you bankrupt?” I replied, “Yes please”. He then asked me to confirm I am Piggy of Piggy road, I had a business that subsequently became a company and asked if I had sought advice and understood the consequences.
I confirmed and he said “Ok you are declared bankrupt”. He signed and then noted the date and time on the statement of affairs. He then said goodbye and wished me a good morning. That was it. I must have been in his office for all of one minute. No lecture, no opinion nothing. I just got processed and it was all very professional and courteous.
The court official then took me into the office downstairs to another room where he telephoned the Official Receiver’s office. The purpose of this phone call was just to notify them of my bankruptcy. They then needed to speak with me to confirm who I was and took my current bank account details. That was it – all done! They advised that they might request an interview. The Court Official suggested that this is likely considering my circumstances and suggested that the Official Receiver would probably send me a letter confirming the date of a telephone interview.
The truth is I was not really looking forward to an interview today as I didn’t get much sleep last night and I didn’t have all prepared. I’m sure I may have missed something when detailing the expenditure on my statement of affairs.
When leaving the court I breathed a sigh of relief and called my parents to let them know how it went. All I had to do now was wait for the letter from the Official Receiver and go to the Co-operative Bank to open a Cashminder account.
