attempting to file for BR with an IVA in place ?

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john_b

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Post by john_b » Tue Apr 29, 2008 8:41 pm
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My son has an IVA but, due to circumstances and on the advice of the CAB, attempted to file for bankruptcy yesterday. He was told by the court clerk that, with an IVA in place, he could not. The IVA company has subsequently told him that he can. Can you advise please? Thanks.
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Lisa2009

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Post by Lisa2009 » Tue Apr 29, 2008 8:42 pm
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Hi and welcome.
I would suggest he just let the IVA fail by not paying it for 3 months and then try again to file for bankruptcy.
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


Nil carborundum illegitimi
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Skippy

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Post by Skippy » Tue Apr 29, 2008 8:56 pm
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This seems to be a new thing as I had no problems filing for BR after missing a single IVA payment. If your son doesn't want to wait 3 months it might be worth asking the court if they would accept a letter from your son's IP confirming that they are aware of the BR application.
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MelanieGiles

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Post by MelanieGiles » Tue Apr 29, 2008 9:44 pm
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I have not seen this happen, but I know a few forum members have. It seems that the Court now needs to see evidence of IVA failure before they will grant an Order, which I completely support.
Regards, Melanie Giles, Insolvency Practitioner
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Skippy

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Post by Skippy » Tue Apr 29, 2008 9:48 pm
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I'm so glad I didn't have to wait - I didn't get a formal letter of failure until July, which was 5 months after I made my last IVA payment. Surely if someone's IVA fails the IP will have to make sure this is done promptly otherwise people will be left hanging on?
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