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 bankruptcy postbag for july
 better to declare br or wait for IVA to fail?
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dutchngez
Junior Member

173 Posts

Posted - 11 July 2008 :  21:46:42  Show Profile  Reply with Quote
We are looking at renting a property as soon as possible so we can get on with applying for bankruptcy. I am worried about our credit rating as we are currently in an IVA. Are letting agents likely to say no? I can easily provide them with garantor and proof that we have never defaulted on our mortgage payments but I'm not sure they will take this into consideration. Is it better for us to declare ourselves bankrupt or wait foe a failure of the IVA. I have to miss 3 payments before they fail us and my husband would have to miss 12

melanie_giles
Senior Member



1191 Posts

Posted - 11 July 2008 :  21:52:14  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
From what other posters have been saying on this site recently, which I am yet to encounter from my own experience, is that you cannot declare yourselves bankrupt unless you have a Certificate of Non-Compliance in your IVA - and this cannot be issued until you are three payments in arrears. It seems odd that your husband's is twelve.

Why is the IVA failing, are you struggling to meet your monthly repayments? Letting agents will generally perform a credit check, and obviously the fact that you have a failed or failing IVA on record may create cause for concern.

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
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dutchngez
Junior Member

173 Posts

Posted - 12 July 2008 :  11:17:42  Show Profile  Reply with Quote
The IVA is failing due to increases in our general living. Our mortgage has come out of a fixed rate so has increased by £160 month and general costs of living have just increase so much as well. We worked out that we are £300 worst off a month but our IVA provider has offered us an £80 reduction each month with an extra 2 years added on to the agreement. Anyone can see that this is not possible. It seems the only way to go is bankruptcy. If the IVA fails and the creditors declare us bankrupt are we still liable for the costs of the bankruptcy?
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melanie_giles
Senior Member



1191 Posts

Posted - 13 July 2008 :  23:44:16  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
The costs of the bankruptcy will be dealt with out of the estate.

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
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 14 July 2008 :  11:36:46  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Great advice as usual Melanie.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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