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 IVA to BR
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Indigolock
Starting Member



14 Posts

Posted - 05 March 2009 :  16:06:35  Show Profile  Reply with Quote
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.

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 05 March 2009 :  17:15:51  Show Profile  Reply with Quote
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  Show Profile  Reply with Quote
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  Show Profile  Reply with Quote
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  Show Profile  Reply with Quote
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  Show Profile  Reply with Quote
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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