You will need to let the IVA fail (normally 3 months of missed payments) before you can declare BR. Some courts also need the failure certificate to prove the IVA has failed.
You can't declare BR jointly. Each person will need to complete the forms and pay the £510 BR fee.
Edited by - gettingoutofdebt on 10 October 2009 16:38:20
Jackie you should look at your IVA agreement as sometimes there is an agreement in it that your IVA supervisor would petition for your bankruptcy if it fails so you may not have to pay the fees yourself.
All agreements are not the same though so you need to check this.
Hi there - the first thing you should do is contact your IP (don't get fobbed off with an administrator - you are paying money for the IP to act on your behalf, so ask to speak direct with them) explain your circumstances and seek their advice, it may well be that they have a section in the proposal which may assist you with this process. Either way you will need a certificate of failure notice from the IP to enable the bankruptcy hearing to go ahead.
Hope this helps
Melanie Nicholas 28 years insolvency experience - 23 of which in the Insolvency Service - Insolvency Manager Jones Giles email me at melanienicholas@jonesgiles.co.uk
If you are in an IVA can you declare bankruptcy
Posted - 10 October 2009 : 16:31:32
