If your client owed you money at the time of the IVA and it was deliberately not disclosed this could be deemed an illegal preference if the intention was to repay you but not others. If it was a genuine oversight then it is likely that you will be bound by the terms of the IVA and you will receive a dividend in due course.
How much does the client owe you and what services did you provide?
You should write to your client, find out what happened, contact the IP and either establish whether you had a possibility to block the IVA (being owed more than 25%) or wouyld have been happy to join in and would have voted in favour. You can always apply to the court that there has been a material irregularity if you are not happy or your missing circularisation was a deliberate act.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
