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Friday, 05 March 2010 12:03

Can An Overpayment To HMRC Be Included In Bankruptcy?

Written by  Jon
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Question:



I am handing my home back to the mortgage company and i am filing for banckruptcy at the end of this month. I would like to know if the shortfall from them selling will become part of my banckruptcy. Will that be shared with my ex who is also bankrupt, but joint owner.

Once bankrupt are my ex and i both responsible for the short fall in the jointly owned property and are both our bankruptcy orders amended to show half the debt each.?

Can an overpayment to HMRC's that i am paying be included in the bankruptcy?


Answer:



The shortfall from the sale/repossession of the property will be included as a part of your bankruptcy as the debt will become unsecured once the property is sold.

You would each list the full amount of the shortfall/debt as you are both equally responsible.

You can include taxes owed to HMRC in your bankruptcy.

You may want to get help with your bankruptcy forms to insure they are done properly.

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Thank you for letting me help you.

Jon

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