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T O P I C R E V I E W
smile or cry
Posted - 19 February 2009 : 20:51:33 We have decided to go BR & have been in an IVA since 30th March 2007. We have missed 4 payments due to cost of living going up & thought that as we'd missed 3 payments that we had failed the IVA,when we spoke to our IVA company they told us it would be put on the end. We received a response from them today confirming that they have completed their administration enclosing a copy for our information of the circular they have sent to our creditors terminating the IVA's & confirming that the IVA have failed & a certificate of non compliance issued.
We have almost completed the online BR forms & as we have stopped the payments for the IVA now have the money to pay for petioning for BR x 2 Me & my partner. They will be holding a meeting of creditors under paragraph 5 of the debtors proposals to decide how the IVA's are to proceed. this meeting will be held on 1st April 2009.
I have not been at work since NOV 20th due to stress at work & depression (on full pay till end of April)I am not sure when I will be returning to work
Are we best in waiting to petition for BR until after this meeting?
1 L A T E S T R E P L I E S (Newest First)
Reviva UK
Posted - 19 February 2009 : 21:17:37 The key thing here is that you will need to evidence to the Bankruptcy Clerk & judge that the IVA has indeed failed.
Some courts are not interested, others will be happy with the documents you have and others will require a full notice of termination before you can petition.
you are better off ringing the court, speaking to the clerk and asking them what they need.
