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Indigolock
Starting Member
14 Posts |
Posted - 05 March 2009 : 16:06:35
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Hi
My IVA has failed, and I am going to declare myself bankrupt. I have checked all the options and am happy with this course of action. What I want to check is should I wait until my IP has had a meeting with my creditors to wind up the IVA before starting BR proceedings? Or should I just start now, with the information I have.
I only managed to make 1 payment of my IVA before my wife lost her job and we havent paid anything since.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 05 March 2009 : 17:15:51
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Have you had a certificate of non compliance from your IP? If not, you need to get one as a lot of courts require this before allowing you to petition for BR.
You could start filling in the forms online though, that would be a head start.
https://www.insolvencydirect.gov.uk/isolv/
The glimmer gets brighter all the time
Jan xx |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 05 March 2009 : 17:37:22
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Hi there, get in touch with your IP to discuss your situation as soon as possible, you will need a certificat of non compliance before going ahead, though as Kallis3 states this does not stop you form completing the forms ready
Melanie Nicholas 28 years insolvency experience - 23 of which in the Insolvency Service - Insolvency Manager Jones Giles
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Indigolock
Starting Member
14 Posts |
Posted - 05 March 2009 : 18:50:28
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I have received a letter from my IP stating that a meeting of my creditors is happening on 23/3. It is being recommended to terminate my IVA and a certificate of termination be issued on that date.
Apparently because I havent contributed enough, then my IP cannot petition for bankruptcy.
Does it make any real difference in the scheme of things whether I volunteer BR or whether one or more of my creditors force it on me? |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 05 March 2009 : 18:57:13
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It is unlikely that your creditors will do as it will cost them a lot more than it will cost you!
As soon as you get your certificate, you can petition for yourself.
The glimmer gets brighter all the time
Jan xx |
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jurgenpie
Starting Member
United Kingdom
30 Posts |
Posted - 05 March 2009 : 20:32:18
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Wasn't aware of that, I was in a IVA but didn't know about the certificate of non compliance and no mention was made on my hearing, I cancelled my standing order for the IVA and used the 2 months to pay for the bankruptcy fees.
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