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jandd

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Post by jandd » Tue Nov 04, 2008 12:23 pm
If a debtor passes away and they are in an IVA. What would happen to the debt?
Sorry to be so mobid.
 
 

Cybus

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Post by Cybus » Tue Nov 04, 2008 1:42 pm
The debt does not die with them.

The debts would become due from the estate of the deceased and unless I am mistaken, I believe the debts take priority to the beneficiaries of the estate.
Tell it like it is.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Nov 04, 2008 6:33 pm
Cybus is correct - in that all assets which are captured under the IVA proposal are held in trust for the creditors within that proposal.
Regards, Melanie Giles, Insolvency Practitioner
 
 

liberta

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Post by liberta » Tue Nov 04, 2008 7:03 pm
Just to clarify Melanie's and Cybus' replies. The creditors can only claim what is in the estate of the deceased debtor. They cannot ask a relative to pay off the debts.

I know that this would seem quite obvious to most people, but I have seen quite a few instances where the creditors have made a child or spouse of the deceased feel as though it is their responsibility to repay the outstanding debts and they have done so.
Kind regards, Elizabeth Pywowarczuk, Insolvency Practitioner.

If you would like me to advise you about an IVA and if appropriate propose one for you, please visit my website at www.liberta.uk.com
 
 

jandd

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Post by jandd » Tue Nov 04, 2008 8:23 pm
Just to clarify.
The wife and family of the person who has passed away is not resposible for the payment of the rest of the IVA. Would this be correct.
 
 

David Mond

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Post by David Mond » Wed Nov 05, 2008 12:34 am
Jandd -Yes

From the Standard Protocol Terms and conditions:

16. In the event of your death
16(1) Should you die during the term of the arrangement property constituting an
asset of the arrangement in your or the supervisor’s possession, custody or control shall
be held upon trust for the purposes of the arrangement until it is realised.
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.
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