can moratorium be lifted after the 28 days?

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fiona.ht

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Post by fiona.ht » Thu Aug 05, 2010 6:29 pm
If a person enters into an IVA, can the moratorium that ensues for 28 days on all proceedings against that person be lifted after the 28 days, or is it terminal?
 
 

kallis3

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Post by kallis3 » Thu Aug 05, 2010 6:39 pm
Hi and welcome to the forum.

What is the moratorium for?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
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orange

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Post by orange » Thu Aug 05, 2010 6:55 pm
just googled it means delay in activity! sorry dont know answer
completed july 2011
 
 

kallis3

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Post by kallis3 » Thu Aug 05, 2010 7:25 pm
Are you talking about an action taken against you by a creditor?

If so, then one of the experts will be along to advise.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

666

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Post by 666 » Thu Aug 05, 2010 7:27 pm
i'd imagine this is the action you can take to stop/delay a creditor getting a ccj applied against you while you pursue an IVA proposal. If you're in debt then its a good thing ... so not sure if that applies here or if you're a creditor waiting to get at a debtor?
I dont know the legalities but I would think that if the debtor is able to prove they are taking steps to address the issue - ie IVA/bankruptcy proceedings then the moratprium can get extended
 
 

kallis3

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Post by kallis3 » Thu Aug 05, 2010 7:48 pm
I think you are probably right on that.

An IP can take court action to stop proceedings whilst the IVA goes through.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Fri Aug 06, 2010 12:28 am
There is no moratorium in an IVA. You can get relief from creditor actions via an Interim Order - but this is not necessarily for a set time period and can be extended at the Court's discretion.
Regards, Melanie Giles, Insolvency Practitioner
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