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T O P I C R E V I E W
Adam.73
Posted - 05 July 2013 : 16:20:11 Need some advice I enteredinto a IVA in November 2012, a creditor that had been missed off the IVA issued me with a stat demand in Jan 13, on the realisation i was in a IVA the provided the IP with proof of debt and were added to my IVA. In march my IVA was terminated by my IP as one of my creditors disputed some information in the proposal but thats a diffrent topic. The creditor that issued the stat demand made me bankrupt this month. my question is can i get this overturned as they didnt re issue a stat demand first surly the original stat demand was null and void as i was protected in the IVA help please
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Niobe
Posted - 05 July 2013 : 18:19:30 Hi and welcome.
I believe this question was answered on the sister forum?
Posted - 05 July 2013 : 14:57:40 If the IVA has failed the creditor is entitled to pursue bankruptcy proceedings against you. However, you would have received notice of the bankruptcy hearing irrespective of the stat demand and you could have applied for an interim order or an adjournment. If the stat demand was issued while an IVA was in place you need to seek specialist legal advice as to its validity so speak to your IP.
You can get the bankruptcy annulled if a second IVA is approved provided the bankruptcy is deemed vali
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
