I went bankrupt in December 2010. I had my OR interview in January 2011. At that meeting I was told that it was straight forward, the case would remain with the OR and that I would have to enter into a IPA, which I did. On saturday I received a letter form the OR telling me that they had now appointed a IP. When I rang this morning to enquire as to why the about face, I was not allowed to speak with the case officer but was put straight through to her manager. She informed me that a creditor had appointed an IP so they had handed it over. I queried this and she became very evasive. Is this normal? Can I appeal this decision? I have read that they should not allow the appointment of an IP merely on the whim of a creditor to go on a "fishing trip". The OR had agreed that there wre no assets and set up the IPA, how is it credible to allow a IP to take over?
The OR would not choose to appoint an IP on a fishing trip if they had the choice. If the Creditor has more than 50% of the debt by value than the OR has little choice the creditor can appoint who they want.
(creditors can also group together to get to that 50% mark)
if you have no assets, you have nothing to worry about
I wouldn't worry about it if you have no assets or didn't transfer any near to going BR, because an IP appointed by creditors or a trustee will do the same job.
How credible is it to allow an IP to take over?
Posted - 18 April 2011 : 13:42:18
