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 bankruptcy postbag for april
 Bankruptcy forms - after failed IVA

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T O P I C    R E V I E W
m and v Posted - 07 April 2008 : 08:30:29
Hi

Todays the day I put pen to paper and start filling out my BR forms.
As a failed IVA'er will the OR contact my IVA provider for details of the debts? I can fill in the creditors and amounts from my original IVA paperwork - are IVA practitioners costs another debt?
Will the fact that I have tried to solve my debt problems with an IVA go in my favour?
The car I drive is registered/insured in my husbands name - can I leave this off the forms (just declare it as a car I have access too not one I own?)

Thanks

10   L A T E S T    R E P L I E S    (Newest First)
Reviva UK Posted - 08 April 2008 : 08:47:28
it is the OR that places the advert.

There would only be a very few cases where the court would grant an order not to advertise and these would be for personal safety, i.e.

1. where a lady has an estranged violent partner and is in provable fear of being tracked down and harmed

2. have seen a barrister who went br and it wasn't advertised because he was heavily involved in terrorist trials in NI so not good to advertise his address!.

that is really about it so would recommend you get the paper and see just how small the adverts really are.

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
m and v Posted - 08 April 2008 : 07:44:28
Sadly they do go in our local paper but I need to find out how often. Is it the OR or court that provides the details? Has anyone been able to clarify whether the change in law means notices don't have to go in the local paper? Maybe I could get on bended knee to the judge/OR - as a ex-IVA all my creditors know after two years!!!
Reviva UK Posted - 07 April 2008 : 23:06:05
I would strongly suggest that you buy the local paper and try to find the notices.

You may be surprised to find that it is in the regional rather than local paper.

Last year I had a client who was terrified that her neighbours would find out about the Br that she checked every morning first thing. Eventually when she found the advert she had her husband go and buy ALL the papers in the 4 nearest newsagents.

Where ther is a will there is a way!

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
m and v Posted - 07 April 2008 : 21:06:46
Thanks Skippy - I desperately want this to work. I hover between panic and positive! I am not looking forward to it being in the local paper - I live in a small village and work for a very local company. I keep telling myself it is for my peace of mind and they will soon forget. As for my family finding out...... I am dreading it.
Skippy Posted - 07 April 2008 : 20:17:45
Make sure you are honest with your expenditure. When I say honest I mean if you spend it (and it's reasonable!) then put it on your I & E. If the OR thinks it's an unreasonable expense they can only disallow it, but if you don't ask you don't get. There is no point in setting yourself up to struggle again.

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/
JulianDonnelly Posted - 07 April 2008 : 14:21:40
Put in the total amount for the expenditure and then calculate the contribution from the other party for joint income.

If you spend money on the above then put them down as they are allowed expenses, The examiner will pull out anything they feel is frivolous so don't worry about included things such as mobiles etc.

All the best

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
m and v Posted - 07 April 2008 : 13:56:41
Ok - next question!
I am filling in our income and outgoings. Do I include absolutely everything - there aren't many boxes and obviously I can explain in more detail but should I allow for dentists, opticians, haircuts, holidays (that feels a bit cheeky)- we have pet insurance that I would like to continue, and what about mobiles - can we have mobiles as well as a landline or will it be seen as too frivolous?
Do I put the total amount for our household - not my half share - can someone tell me in simple terms what I put. Maybe its time to take a coffee break!
melanie_giles Posted - 07 April 2008 : 12:55:05
Just tell the OR what has happened and they will understand. With regard to your IVA, if the Supervisor is owed any outstanding fees this will need to be included as a creditor, and they will need to see copies of your IVA proposals and chairman's reports but it is usual for these to be requested directly from your IP.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
m and v Posted - 07 April 2008 : 12:37:41
I have just realised my husbands old car was registered in my name - we did this as i have full no claims so insurance would be cheaper. Its going to look like I have had a car and got rid of it just before going BR as, to make it worse, the DVLA only actioned the log book when its new owner sold it onto a dealer early this year. Help!
JulianDonnelly Posted - 07 April 2008 : 08:49:47
Hi M and V,

Well done on taking the first step.

It is probable the OR will contact your IVA supervisor, I would take a copy of your IVA proposal to your interview.

On the 6.28 Statement of Affairs try to enter as much information as possible so I would contact your IVA company and ask them to return any paperwork they have of yours.

It will act in your favor that you have tried to contribute towards your debts.

Yes put the vehicle down as one that you drive, but do not own.

All the Best.


Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk

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