| T O P I C R E V I E W |
| shazzles |
Posted - 17 April 2009 : 10:28:22
I have declared my iva on my forms but do i have to list all of my creditors in section 4 unsecured creditors as they are all covered in my iva anyway..help please!!! |
| 8 L A T E S T R E P L I E S (Newest First) |
| John |
Posted - 19 April 2009 : 04:47:36
Hi
it's also to do with the fact that many IP's drag their heels in issuing the certificate of failure to enable you to declare successfully for bankruptcy.
By petitioning the court and in the absence of a notice letter, rule 6.42(2A) can be invoked which forces the IP's and creditors hands.
As has been said it's a pain to have to go to court twice but it speeds things up in many cases for the bankrupt.
The anomoly is it doubles the court's time which is already stretched at best. This is why IP's and creditors alike should be encouraged to issue certificates promptly or alternatively petition the court themselves if sufficient funds have been collected into the IVA.
Not holding my breath though as the first option requires sufficient resource to do so and the second is at a cost.
John White
England Jackman & Spacey |
| Reviva UK |
Posted - 18 April 2009 : 22:45:59
Skippy
this procedure has been becomming more the norm now whereas 2 years ago many courts didn't bother with the certificate.
I believe this is becasue of the huge rise in numbers of folk petitioning for Br who are already in IVA's
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
| Skippy |
Posted - 18 April 2009 : 22:34:37
Daniel, is that a new rule? I went BR 2 years ago after missing 2 IVA payments, so it hadn't technically failed, but the order was granted on the day I went to court.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
22 IPA payments made, 14 to go - on the home straight! |
| Daniel Griffiths |
Posted - 18 April 2009 : 18:32:23
If you have the letter of default that should be fine however alot of IVA companies are taking 8 to 12 weeks now in failing IVAs and sending out termination letters,or even giving you some paperwork stating they have no objection to the bankruptcy (Shows how many are failing) You can still go to the court to present your petition but it may mean going twice, (your option) however the time spent there is nearly the same. Rule 6.42 (2A) of the Insolvency Rules 1986 state that if you are in a current IVA then the court has to give at least 14 days notice to the supervisor of the IVA informing them of the bankruptcy hearing. So if no paperwork you present the petition pay the fee return in about 21 days,they will give you a timed appointment where you see the Judge or not, collect your petition. It is a pain going twice but maybe better than waiting 8 to 12 weeks for a termination IF the court in your area is insisting on one |
| Reviva UK |
Posted - 18 April 2009 : 00:02:35
Depending upon which court you are at will depend on them accepting the letters rather than the termination letter.
call the bankruptcy clerk and ask them if they will accpet your current documentation. That way you will know for sure and not have a wasted stressful day
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
| Hallway123 |
Posted - 17 April 2009 : 17:28:18
My Iva will fail 30th april as then I'll have missed 3 payments, iva company have told me certificate could take up to 8 weeks as a creditors meeting has to be held first.They've sent me a letter saying as I have not adhered to the iva terms they have no objections to my bankruptcy and that they will inform creditors, been told this is enough as I'm hoping to go bankrupt middle of May.
They have also sent me a list of all creditors,addressess and balances,maybe yours could do that too. |
| shazzles |
Posted - 17 April 2009 : 10:33:04
not yet, but im subbmitting the form yet till i do have that document :) |
| maizie |
Posted - 17 April 2009 : 10:30:47
Hi Shazzles
Yes you will need to list them all. I take it you have your certificate from your IP to state that your IVA failed?
Maizie |
