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Monthly Archive for September, 2009

5 Real Life Tips to fight Insolvency / Bankruptcy

When I walked through the doors of the bankruptcy court I was ready for war.  I had armed myself with all the information on insolvency I could find. With experience of the inside of a courtroom as a young journalist, and close friends who had already walked the road to financial ruin, I was convinced that I would survive the battle I was now confronted with.

But nothing had quite prepared me for the tornado that ripped through my family leaving nothing but devastation and heartache in its wake.  The struggle to save my marriage, home, protect my children and put food on the table was my biggest challenge to date. This was by far the darkest and most isolating period in my life.

When I first entered the courtroom I was determined to retain my dignity to the world outside even if I was in pieces inside. Life as I knew it was now crumbling. Fifty years of hard financial graft between my husband and I was now about to go up in a puff of smoke – the bankruptcy process, executed with military precision, took one hour from start to finish.  It was terrifying.

This article is written by Joanne Wood who declared herself bankrupt in February 2006. From the age of 17 Joanne worked as a court reporter at the Central Criminal Court. She is the author of Bankrupt 130 of 2006 – a remarkably candid account of what happened to a family after bankruptcy.

Within just four weeks of lodging the bankruptcy petition I had become a shadow of my old self.  Locked away in doors I felt safe from the prying eyes of strangers who in my irrational state of paranoia ‘all knew’ I was a bankrupt. Feelings of agoraphobia prevented me from straying much further than the back garden and dare I admit it, yes, thoughts of suicide.  I felt like a leper, dirty, an outcast in society.

The constant lack of communication from the Official Receiver’s office was frustrating. They are so inundated that they rarely have time to call you back. Hidden behind twitching curtains I daily stalked the postman, praying for update information about the bankruptcy – what would become of my home, my family?  But months would pass with no news.  This morning ritual, of lying in wait for postie, left me deflated and dominated my life.  It was sheer madness. I didn’t recognise the person I had become.

With debts in excess of one hundred thousand pound, I tentatively crossed the courthouse threshold on February 17, 2006.  Born into a generation where bankruptcy was fiercely frowned upon I was prepared for the reception of the outside world.  I was more than aware of the stigma attached to insolvency.   What I had not bargained for was the psychological impact of being given my personal bankrupt number of ‘debtor’ 130 of 2006.  I had been branded. This was the ultimate stamp of failure in my eyes.

Initially, I thought I would serve my bankruptcy time without too much fuss.  That was the good part.  The reality – a woman, an unhappy bankrupt woman, who wanted to talk to her man.  And, so a life of hell for my poor husband was born. The poor blighter didn’t stand a chance.

Insistent on giving my life a thorough post mortem I constantly badgered my husband for conversation.  Although close friends and work companions for the past twenty seven years, he had now brought the shutters firmly down.  He did not want to talk of bankruptcy.  He refused to acknowledge that he too was a bankrupt. Subject matter closed.

What started off as just bankruptcy had now become a battle to stay out of the divorce court. There was shouting, screaming, plate smashing and on one occasion a full on body assault with a wet mop – guilty as charged. For some, like my husband, bankruptcy, or even just out of control debt, is done in silence.  Others on the other hand will struggle to contain their emotions.  For me it was like drowning.  I could not breathe.   I had no financial control over my life – the Official Receiver owned me. I desperately wanted my old life back.

You try to protect your children from this onslaught but they are not stupid. Even if they cannot see it they feel it.  The tension in my house could have been severed with a blade.

And yes, they did suffer educationally to some degree. But they also learnt an important lesson as they watched us work ridiculous hours around the clock in an attempt to rebuild our lives. If anything I think they are proud of us and that has to be a good message.

So how had my life been reduced to ruins? Well we hadn’t sailed around the world at the expense of American Express and we didn’t drive a fast, flash car.  We were two self-employed people who had worked the whole of our adult life. Unfortunately we were trapped in a financial cul-de-sac of erratic payments for work carried out, a declining work industry and an untimely piece of misfortune with a bad house purchase – three surveyors had failed to do their job properly and a house full of rot was ours to keep.  So, the bankruptcy court it was.

For months I had been haunted by the piecing shrill of the telephone from dawn to dusk, seven days a week from creditors demanding their money. It left me feeling sick to the pit of my stomach. Answering machines filtered every call and in extreme cases the phone was unplugged.  There was not a minute in any day when I was not worrying about debt. A black cloud seemed to follow my every step.

Once we had made the decision to lodge the bankruptcy petition it was paramount that we took control of our own insolvency as much as was permitted. It was vital that we gave ourselves time to plan ahead. We needed enough cash to see us through a very difficult transitional period – about six weeks.

All bank accounts will be frozen on the day of your bankruptcy.  You will have to find an alternative method to fund your domestic needs – generally this means working with cash only.   At this point there are only two aspects that you need to address. Firstly, you need to accumulate enough cash to live on: monies to cover work expenses – travel and fuel, fill up your fridge/freezer – two freezers if you have them and, money put aside to heat your property.  Trust me it is back to basics.

And, finally, do not pay any bills apart from the mortgage and secured loans – if you intend trying to keep your home or the rent.  Save the rest to feed yourselves. Nobody cares whether you eat or starve.

I cannot stress enough how important this is. I am not joking when I say you may not have enough money to buy a loaf of bread the minute you walk out of the bankruptcy court. Stock your freezer to the brim.

At no stage before or during my bankruptcy was I asked: ‘Do you have enough money to feed yourselves?’  As a self-employed person I had no idea where the next job or payment was coming from. Ironically, if I had committed murder then I would have been fed every day of my prison term. I had worked and paid taxes since I was seventeen years-old and yet I felt like a criminal.

Coping with the avalanche of emotions, as I walked the bankruptcy tightrope left me bitter and mentally exhausted.  I struggled to put one foot in front of the other.  It was like climbing Everest.

Working entirely with cash was a new experience. Good mental arithmetic was essential for the human calculator I had become. I had to ensure the pennies in my purse matched the goods in my supermarket shopping trolley. There was no plastic back up. Actually, I did carry a credit card in my wallet but it was purely for show. I could not use it but it made me feel part of society – like I belonged.

Organisation is vital when juggling the Official Receiver’s meagre allowance.  I dubbed it the ‘boiled egg budget’ because that is all we ever seemed to eat.  Feeding four people on such a small sum was an art form.  Heavens forbid we needed to put a new tyre on the car.  All unexpected extras came from this insufficient money pot.

The Official Receiver’s shopping budget is a set amount for, say a family of four in our case. But I did have to point out that they were not little children but growing teenagers and to take that into consideration. In my opinion this is an unrealistic allowance.  This was the main topic of conversation throughout the duration of the bankruptcy period. The kitchen cupboards were always bare.

There were days when I feared that we could not put food on the table and the children were always fed first.  Why the heck should I be penalised in this way?  Two adults out at work a minimum of seventy two hours a week each.  Self employed individuals waiting to be paid for their efforts, when, and only when, the customer decides.  Is this a crime?

So, there you have it.  Bankruptcy for me was lost time.  I felt unclean and too afraid to expose myself to the world as a bankrupt. Feelings of failure, lack of self worth and helplessness were just some of the symptoms I encountered as my marriage went into meltdown.

Three years on and, although still fresh in my mind, the nightmare is fading. I was forced to sell my home, address the state of my marriage and put back the pieces of my dysfunctional family. Nobody died. And, yes, I can hear the critics – stop whinging and be grateful.

No, it is not necessarily fair, especially in this day and age that families find themselves in this predicament.  With unemployment on the rise and couples being forced into financial turmoil there needs to be a lot more support before making such a life changing decision.  Walking into the bankruptcy court is not always the right answer. For goodness sake, exhaust every avenue before you hand over financial control to the Official Receiver.

Bankruptcy is not a quick method to dump the debts or as some reports have suggested a ‘cop out’.  This will be one of the hardest decisions you will ever make and it will take a number of years to repair the damage to your credit rating.

5 Real Life Tips to fight against Insolvency / Bankruptcy:

  1. If bankruptcy is the only option then make sure that you lodge your own petition.  Do not allow your creditors to haul you into court and make you bankrupt.  It is of the utmost importance that you retain your dignity.  It is vital you feel in control of your life. Allow yourself enough time to plan ahead and get some cash saved to support you through the transitional stages.
  2. Keep the lines of communication open with your partner.  Do not blame each other.  The worst has happened.  Accept that you are going to lose something.  It is a case of damage limitation.  The sooner you decide to deal with the crisis, together, the sooner you will be starting afresh.
  3. Think of it as business.  There is no time to become sentimental about the house and material objects.  Sit down together and face your debt.  Accept that you may have to move home and live on a much tighter budget for the foreseeable future. Remember, you are the one making the decisions.  This will help when trying to cope with the mixed emotions you are feeling. Some feel ashamed others may feel like they have failed.  But do not be defeated.  You are not alone.  Bankruptcy has become part of everyday life and tens of thousands are being forced to make this life changing decision.
  4. Try and unite as a family.  If you have older children then get them involved.  Be open with them.  Children today live in a must have it all, must have it now society. This will be a shock to their system and they will have to get used to the constant use of the word ‘no’. The money for frivolous purchases just is not there.  If you have young children then get them involved in budgeting.  The next generation really do need to know how to save.
  5. Plan for the year ahead.  Bankruptcy generally lasts twelve months. Try and list all of your expenses and set yourself a target.  But remember it is not just about the finances.  Think about your relationship. There will be very little cash left over for romantic meals.  Make time for each other. Go for a walk or a swift half at the local pub. You need to keep the family unit together.  Focus on the children.  It is very easy, when you are working every hour under the sun to rebuild your financial life, to overlook minor problems. Reassure them that life is full of ups and downs and mum and dad have got it under control. It is good for them to see you working as a team in a crisis.

If you need any suggestion, please drop a comment here. I will be more than happy to help.

The 1960’s has much more to answer for than sex, drugs and rock n’ roll – Reckoning of a Bankrupt Journalist

It has taken me three and a half years to find the courage to write this article – it is time for me to be honest.

I hate to admit it but I may have brought it on myself – insolvency that is. Could Bankrupt 130 of 2006 really have avoided the nightmare of the bankruptcy court?

This article is written by Joanne Wood who declared herself bankrupt in February 2006. From the age of 17 Joanne worked as a court reporter at the Central Criminal Court. She is the author of Bankrupt 130 of 2006 – a remarkably candid account of what happened to a family after bankruptcy.

However hard I try I just cannot rid this nagging feeling that perhaps as a spoilt baby of the sixties, mixing in City circles of ambitious yuppies of the eighties, coupled with easy access to credit may, with hindsight, have been a recipe for disaster.

Think about it, the 1960’s – the first real generation of over indulged babies drip fed endless television commercials and exposed daily to the materialistic temptation of the goodies on offer. Could this really have been where the slippery slope to financial ruin for modern day Britain began? And if so, could we have done more to help ourselves? Or, were we just lambs to the slaughter?

In the fifties it was just a mere case of having the brightest and whitest washing line of clothes for the whole neighbourhood to see – and strangely enough that ‘Daz’ tv commercial has stood the test of time, albeit now lost amongst the hardcore television advertising, selling slim, beautiful people who can all become successful celebrities if they so wish. Although, I do have to point out that the famous washing powder is now sold by pretty soap star actresses. It is no longer just about clean undies.

I am trying to think back. It was such a long time ago. Living in a remote country village meant that the new trend of shop front window dressing took a little while longer to ripple out from the City. But when it finally did it was mesmerising. There is a wonderful French saying ‘lèche vitrines’, which literally translated means to lick the windows (window shopping), which I think sums up this uncontrollable need to spend, spend, spend.

Thirty years on enormous maze type shopping malls now provide entertainment and endless retail pleasure to the majority throughout the world. Only now they cleverly display designer must haves to credit crunch Britons who are still unable to curb the desire to ‘bash the plastic’ in an attempt to sate their hunger for pretty ensembles and accessories which they are convinced will make them look beautiful or in extreme cases even famous.

Ask yourself.  When did you ever save for the luxuries? Of course you didn’t. You slapped it on the credit card or committed yourself to an HP agreement. I want that television and I want that car. You have grown up in a ‘have it all, have it now’ society. You know no different – well I expect there are a few avid savers but the reality is that the majority behave in this fashion.

Back in the fifties my parents conducted their lives pretty much like the masses.  If you needed something then you saved for it.  Even more fascinating was that all the neighbours would drop by the house to view the new ‘luxury’. Cups of tea and Battenberg were enjoyed by all in the kitchen as the state of the art washing machine completed its spin cycle. As sad as this may sound this was probably the highlight of the weekend for most.

So, how did this idyllic little bubble burst? Well, one by one we saved for our televisions and then, unsuspectingly, invited this monster called advertising into our front rooms. Night after night we were bombarded with promises of happiness. The beautiful looking people in the television adverts were so happy driving their shiny new cars, living in their big, detached houses, overlooking their fresh white washing line full of Calvin Klein smalls. We could have it all, and right now, because credit was now available to us all. Why wait? Enjoy it while you can. You only live once.

The message was simple. Buy this and be beautiful, successful, respected or whatever you so wished to be. We all know it’s poppycock but we just can’t help ourselves. If we don’t have the money then ‘stick it on the plastic’.

Even worse – the world of celebrity now dictates to our spoilt offspring. With the lure of phenomenal wealth, which in turn provides everlasting youth, admittedly with the aid of umpteen cosmetic procedures – paid for on credit no doubt, lazy days bronzing their anorexic looking clavicles while draped over a premier league footballer whilst enjoying vacation on a millionaires yacht, is a  media image desired by the majority of today’s youth. They can have it all. The adverts said so didn’t they?

Ironically I did not go bankrupt because of fast flash living, although I have to admit it does sound a little bit tempting. It was simple for me. Working in a declining newspaper industry, subjected to years of sporadic income payments and finally a dodgy house purchase was all it took to show me the bankruptcy door.

But I am not side stepping my responsibilities. Of course I have used credit cards, bought cars and furniture with the aid of HP agreements, taken advantage of bank overdraft facilities and on more than one occasion splashed out on a Roberto Cavalli handbag or a tad too much Chanel lippy. I too want to look beautiful, be wealthy and, as long as we are on the subject and the old man doesn’t mind, enviously eyed by friends draping myself over a Johnny Depp look alike while I soak up the rays on a remote island in the Maldives. Where is the harm in that?

Well, there is no harm as long as you can differentiate between fantasy and reality.  Something, fortunately for my husband’s sake, I can. I don’t think his wallet could take the strain.

But there is definitely a different attitude between us with regard to materialism.  Born in 1954, Tim is eleven years my senior. I would say that he was spoilt but only in terms of his public school education.  He was never showered with material objects.

On the other hand I, although brought up in a working class family, was given every spare penny my parents had.  I am not saying that things were easy, they weren’t.  My mother and father worked a minimum of six days a week the whole of their adult lives. All I am saying is ‘if they had it, we had it’.

But, I am not talking about anything out of the ordinary. For instance there were no ponies or piano lessons. Holiday was two weeks every year camping in North Devon. But it has to be said – my parents sacrificed everything for their children. We were spoilt. I was aware of it then and am more than aware of it now. History has already repeated itself. I too have sold my soul to the devil.

Unable to break the cycle of extravagance family tradition continues as I also over indulge my two teenage children. They want for nothing. My husband and I work every hour that God sent to fund living in 21st century Britain.

After my bankruptcy in 2006 I kept diaries. I noted, very early on, of the major turning point in my new bankrupt life. Admittedly I was a little demented at the time, but it was a real emotion and I documented it all the same.

I felt liberated, free from the rat race. Now, unable to make my own decisions, especially when it came to frivolous purchases – because I had handed over all financial power to the Official Receiver, I had been forced to look at who I really was and what really made me tick. I am not sure I was impressed with the outcome. Could a product of the materialistic sixties really have prevented the walk of shame to the bankruptcy court?

Look, seriously I am not a gambler – my biggest risk to date is a Cavalli handbag £305 (in the sale, I would like to add). Borrowing from Peter to pay Paul, because the work cheques hadn’t cleared, was a regular occurrence. Even more irresponsible, looking at my shopping bill very rarely as I exited the supermarket, in fact sometimes never – Christ! It’s obscene. But, hey, so many of us do it.

But the strangest thing was the urge to start my life over again from the year dot. I felt the need to escape the materialistic world in which I was living. The idea of investing into a few farmyard animals and buying a house in the remote countryside suddenly seemed appealing. I no longer craved all the whistles and bows. I had now become used to working with cash only. It was back to basics for me. All I needed was my family, a pair of wellies and a brisk nature walk. I just wanted to be free.

No, even more seriously, I wanted to remember who I was before I was bombarded with all this materialistic crap.

So what the heck happened? Well, I suppose the obvious analogy is the child in the sweet shop. Let’s face it, it’s just a candy fix whether it’s a Louis Vuitton handbag, a Parisian facelift or a pair of Jimmy Choos – it’s all chocolate. We are addicted and we just can’t get enough of it.  But like all drug taking, every high is followed by a low.

But like all addictions you just cannot help yourself going back for more. You are a glutton for punishment. Unable to satisfy the lust for material objects depression soon sets in. You don’t even know what makes you happy anymore but slowly you are reeled back in. Buy the potions and creams, look ten years younger. The perfect size ten is now a perfect size six. Transfixed by the airbrushed models leaping from the glossy magazines you plan your next shopping trip. You can have that body and you can have that face.  You can be rich and you can be famous.

Now the proud owner of an ‘A’ list wardrobe you are ready for a night out in Brighton and, just for the record three years beholden to Barclaycard for the pleasure. Hey! But who knows you may meet a footballer, fall in love, marry on a remote island in Fiji, move into a sprawling country pile in Sussex and live happily ever after – the papers said so, didn’t they?

I first became aware of this ridiculous celebrity nonsense back in the early 1990’s.  Working as a young court reporter at the Old Bailey it was becoming increasing difficult to win over news editors with your tales of rape, murder and pillage from the most famous criminal court in the land.   The competition – handsome footballers donning their wives knickers, kiss and tell revelations by cosmetically enhanced glamour girls and, even worse, rib ticklers from celebrities who may have accidentally eaten a rogue hamster – very worrying.

And so the decline of the crime story was born. And, for me, the beginning of excessive credit card activity in an attempt to survive an ailing newspaper industry. We even paid staff with the plastic rather than send them home penniless.

No stranger to a second mortgage, my husband and I thought nothing of taking a small loan to prop up the flagging business while sporadic payments for work were settled.  It was the norm in the world of freelance journalism to wait, endlessly, to be paid and often not at all. The fight for your wages was ongoing.  In fact, over the past twenty years, I have written off tens of thousands of pounds owed to the business for work ordered and used.  You can ask for the money until you are blue in the face but they generally have the last word.  Truth is, the newspapers are broke too.

So what have I learnt from this close inspection of my life? Well, I admit it.  I do enjoy life’s luxuries. And, yes, I have sampled many.  Not as many as I would have liked. As I mentioned earlier, bankruptcy did not come banging at my door due to flash living.  But I do wish I had acknowledged the signs of an industry in decline and perhaps made different decisions as our freelance court reporting business went into freefall.  We really did believe that celebrity fascination was a passing phase. But this phenomenon, I am afraid appears to be a permanent fixture in our lives.

And, yes I hate to admit it but we should have tightened the purse strings when it came to personal living a lot sooner. With house prices rocketing through the roof during the nineties most could not believe that this wonderful lifestyle would ever really come to an end.  I honestly do not believe I will ever experience this sort of living again in my lifetime. Britain is bankrupt and I will probably be seventy years-old before the economy recovers. Too old for a pair of Christian Louboutins then!

As far as credit is concerned I am at present excluded by the majority of lenders. This is my penalty for ill-judgement, not lavish living, well maybe a little. And, if I had my time again I would have walked away from journalism a long time ago.  Hindsight is a wonderful thing.

Sadly the day of reckoning has already come for tens of thousands of Britons as a result of the credit crunch. Mortgaged to the hilt, some with credit cards debts twice their annual salaries and with unemployment on the increase, thousands more will have no alternative but to hand over financial control to the Official Receiver as the plastic bites back.

Once only discussed in hush tones, bankruptcy has now become part of our every day vocabulary.  Hopefully the stigma of insolvency will be banished once and for all.

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