Bankruptcy review summaries 2024-25

Review 1

Scenario

The debtor asked for a review of the trustee's decision to set her DCO at £67.89 per week. She stated that her adult daughter was in full time work but was not contributing to the household income and the amount being requested was not affordable.

The trustee confirmed that the debtor had been uncooperative and had not provided bank statements to verify the income and expenditure. When she did this the DCO could be reassessed.

Decision

The reviewing officer confirmed the original decision and the DCO was set at £67.89 per week.

Review 2

Scenario

A representative of the debtor asked for a review of the trustees’ decision to set her clients DCO at £202.58 per month. She claimed that the DCO had been calculated incorrectly.

The debtor is a Polish national who lives and works in Scotland. He pays maintenance for one child and has regular trips home to Poland to visit family. The debtor’s representative provided the debtors last 4 payslips, recent bank statements, proof of rent, flight invoices and a signed copy of the maintenance agreement.

The reviewing officer carried out a DCO calculation using the Common Financial Tool (CFT) and applying the average figures from the documentation provided.

Decision

The reviewing officer confirmed that the debtor was spending much more per month than they were earning. They amended the original decision and the debtors DCO was set at nil.