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Rhiana
Starting Member
United Kingdom
12 Posts |
 Posted - 17 June 2009 : 07:50:08
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Ive had an IVA for a year or so but have been forced to go bankrupt due to myself and my husband separating 10 months ago. Our IVA practitioner no longer acts for us but referred us to bankruptcy. Does this mean that I still need to complete the forms for court? ie debtor's stuff? Im so confused as I have a bankruptcy hearing on the 6th July 09 and have no idea how to prepare for it. I was amidst divorce petition but assume this will grind to a halt due to the BR. Please can someone advise me? Im alone with my daughter and dont know what I can or cant do, how to sort a bank account when present one is frozen etc? Im just plain scared and need help! |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 17 June 2009 : 07:58:09
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Hi Rhiana,
There have been a couple of people on this board that have declared BR after their IVA has failed and they will be able to tell you the process.
You should have a certificate from your IVA Practitioner showing that the IVA has failed. If you don't have this then speak to the IP as you will need this certificate to declare BR. You will still need to complete the BR forms and let us know if there are parts of the form that you are stuck on and we can help.
The Co-op cashminder account is the one that most people open when they are declaring BR. This is a basic account and is BR friendly. You can either go to a branch to open the account or call them on 0845 602 7057. When you speak to them let them know that you are going to declare BR and there shouldn't be any problems.
Has you present account been frozen by the bank? |
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Rhiana
Starting Member
United Kingdom
12 Posts |
Posted - 17 June 2009 : 09:33:25
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| Ta for replying to me so promptly. No my account isnt frozen yet, the hearing is on the 6th July 09, no one at IVA place has sent me a certificate or any guidance. Could you tell me which forms I need to complete? and what fees for court - Im going bankrupt how on earth can I pay them? All I have had from IVA is petition for bankruptcy from the IP's solicitor! |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 17 June 2009 : 10:28:15
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Is the petition for BR from the IP's solicitor saying that they are making you bankrupt? If so then you won't need to fill in any forms or worry about the fee.
Normally when an IVA fails your only option would be to make yourself BR but it may be in this case that one of your creditors is making you BR as the IVA failed. |
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Hallway123
Junior Member
United Kingdom
181 Posts |
Posted - 17 June 2009 : 11:12:45
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| Hi Rhiana,I was in an iva for 2 years when my husband lost his job.I had no choice but to go bankrupt,I had to miss 3 payments on my iva for ir to fail,used some of this money for the £510 bankruptcy fees I had to pay.My iva co sent me a letter saying that they had no objection to me going BR which was enough for the court.I filled in all the forms online, submitted them to the insolvency service a week before BR date.I printed off 3 copies of all forms,which you need to take to court with you.On the day it's self BR clerk went through all the forms with me and then I had to see the judge for 10mins.It all went fine and within 20mins of court appointment I was declared bankrupt.3 weeks later had OR phone meeting,all went fine and apparently won't get ipa, as wages are too low.I still can't beleive how simple it was and am just waiting for something to go wrong.Try not to worry too much if I can do it anyone can.The people on this forum have been a fantastic help and are always on hand to offer support. |
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Rhiana
Starting Member
United Kingdom
12 Posts |
Posted - 24 June 2009 : 05:39:38
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| I have been told by the IVA people that I dont need to attend the BR hearing nor fill in forms? Do I assume this because they have submitted the BR petition? I dont want to get to the 6th July and find I havent done as I should! Also you can open a cashminder account BEFORE going BR and still retain it then? Ive a savings account with Halifax - thats all that runs as a current account - they set it up for me after separation from husband. |
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leakie
Junior Member
United Kingdom
158 Posts |
Posted - 24 June 2009 : 06:02:44
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Hi Rhiana
Sorry to hear your predicament,
I was in an IVA which failed,
I was only given the court dated, no forms arrived until I was made BR,
I saw the solicitor acting on behalf of the IVA just before we went to see the Judge,
The only question I was asked was do you accept the petition, ,
The Judge wish me good luck for the future .
And that was that. OR meeting 3weeks later, forms were sent through in between.
All the best
Leakie |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 24 June 2009 : 12:46:33
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You can open a cashminder account before you go BR. The Co-op are very pro BR people.
The glimmer gets brighter all the time
Jan
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 24 June 2009 : 19:25:04
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Hi Rhiana
it sounds like your Insolvency practitioner has been instructed by the creditors to petition for your bankruptcy so there is no need to attend. it will happen automatically.
You will however be sent a booklet and other forms from the insolvency service aabout 10 days later that need to be filled in and returned.
you haven't got any fees to pay - which is good.
you also can open a COOP cashminder account - unless you live in the Brighten area - BEFORE you go br.
make sure that all your money is out of the banks accounts as the Halifax ones will be closed.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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xmas baby
Average Member
537 Posts |
Posted - 25 June 2009 : 11:57:03
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Hi Rhiana,
I opened a cashminder account a month before going bankrupt. A few days before I was declared bankrupt, I went into the bank and told the manager about it and he assured me the account would not be frozen and this account is specifically aimed for those undergoing bankruptcy. Once I was bankrupt I also informed the OR of this account and as they weren't one of my creditors, they would have no interest in it and it would not be frozen.
I've had no problems with the account whatsoever and my pay is paid directly into it and all my bills are paid by direct debit from this account. I have only ever been to one place which told me they don't accept Visa Electron, but apart from that, its been accepted everywhere else.
xmas baby |
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IVA to bankruptcy - dont know what to do
