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T O P I C R E V I E W
maria.hr
Posted - 09 September 2009 : 19:29:15 I have debt which was not included in an IVA I done last year. Can I now be made bankrupt?
3 L A T E S T R E P L I E S (Newest First)
Daniel Griffiths
Posted - 10 September 2009 : 10:25:16 If the debt has been missed of the original list of creditors then you really need to speak with your IP about this, if its credit obtained since the inception of the IVA then you are in breach however again you need to speak with your IP. The creditor can make an application to make you bankrupt however this will trigger a safety mechanism within the court system called rule 6.42 (2A) of the Insolvency rules where the court will notify the supervisor of the IVA giving them notice of the bankruptcy hearing to allow the supervisor to deal with the new creditor. As long as the creditors amount claimed is within 25% of your total debt you should be safe.
debtinfo
Posted - 09 September 2009 : 20:51:57 Is this a new debt or one that existed at the time of the IVA starting
gettingoutofdebt
Posted - 09 September 2009 : 20:06:57 Is the IVA still on-going? If so speak to your IP and they will be able to advise you regarding this debt.
If you are asking whether this creditor can declare you BR then yes they could as you, presumably, having been paying them for a while. It is only in extreme cases that creditors will declare people BR as this costs them money but it could happen. It is more likely that they will look for a CCJ or Attachment of Earnings but you should speak to your IP about this debt.
