if a creditor is a family member?

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sarahdm

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Post by sarahdm » Thu Sep 25, 2008 10:40 am
What if one of my creditors is a family member?
 
 

Viki.W

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Post by Viki.W » Thu Sep 25, 2008 10:49 am
Hey Sarahdm, welcome to the forum. My Dad was a creditor and was listed along side all my others. Your family member may be asked to stand aside for dividend payments though. Could he/she wait until after the IVA for you to pay them back? How much did you borrow and how much are your other debts? X
If you would like to talk to me about your debt problems, please visit:
http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
 
 

sarahdm

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Post by sarahdm » Thu Sep 25, 2008 11:15 am
I owe my family £35000.00 and remaining creditors £63000.00. not sure what i can do?
 
 

Adam Davies

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Post by Adam Davies » Thu Sep 25, 2008 11:28 am
Hi
You could look at an IVA but as Vicki has said your family will have to stand aside for the five years although they will still have a vote in your IVA.
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Andam Davies
 
 

sarahdm

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Post by sarahdm » Thu Sep 25, 2008 11:39 am
would i get an IVA for £28000.00 and can the additional money i pay to my family be taken into account? thanks , sarah
 
 

Adam Davies

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Post by Adam Davies » Thu Sep 25, 2008 11:42 am
Hi
You can for 28k but you will not be able to make payments on the family debts whilst in an IVA.
Have you considered a Debt management plan instead ?
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Andam Davies
 
 

sarahdm

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Post by sarahdm » Thu Sep 25, 2008 11:50 am
can you pls tell me more about how that works? can this also reduce by monthly payments? best, sarah
 
 

Adam Davies

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Post by Adam Davies » Thu Sep 25, 2008 12:21 pm
Hi
It's an informal plan and may allow you to repay your family at the same time,it will reduce your payments but you will have to carry on paying until your debts are paid in full or until your circumstances improve and you can deal with your creditors yourself.
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Sep 25, 2008 12:44 pm
Family debts do not always have to be set aside under IVA proceedings. I have done several IVAs recently which have included family debts which were clearly disclosed as such to the other creditors.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Thu Sep 25, 2008 1:22 pm
Hi Mel
Do they receive a dividend from the IVA ?
Would it be fair to say thay most family debts are set aside during an IVA and they do not receive any dividend,or not ?
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Sep 25, 2008 2:08 pm
Yes - so long as they have not been asked to step aside. In my experience it is probably more likely for them to be asked to be excluded, but this should always be at the request of creditors and not the instructions of the IP - unless the client and the family member so wish for them to be excluded and provide specific instructions in that regard.
Regards, Melanie Giles, Insolvency Practitioner
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