Local Councillor

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Steve Austin

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Post by Steve Austin » Fri Apr 17, 2009 6:44 pm
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Is it possible to be in an IVA an firstly be elected to be a Local Borough Councillor while bing in an IVA ?

Then secondly to already be a Local Borough Councillor and start an IVA and keep your position ?

As it is sopposed to be confidential what action could I take if someone decided to make it public and make an issue out of it ?
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Adam Davies

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Post by Adam Davies » Fri Apr 17, 2009 6:54 pm
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Hi
It is not totally confidential as your details will be on the online insolvency register and can be viewed by anyone.
I do not recall a problem with having an IVA whilst a local councillor.
Regards
Andam Davies
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Steve Austin

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Post by Steve Austin » Fri Apr 17, 2009 6:58 pm
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Thankyou, Someone said that the law ha changed but many had not realised. Something about making any creditors arrangement
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Adam Davies

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Post by Adam Davies » Fri Apr 17, 2009 7:08 pm
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Hi
Well I may be wrong so do wait for other replies
Regards
Andam Davies
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luluj

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Post by luluj » Fri Apr 17, 2009 7:12 pm
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You can be a local councillor whilst in an IVA however you cannot be bankrupt ! I have read the guidance as I am standing for the town council in June this year and needed to know !
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
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Julie

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Post by Julie » Fri Apr 17, 2009 7:12 pm
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I thought an IVA didn't affect local councillors, but being an undeclared BR did?

Just confirmed it on the website [:)]
Last edited by Julie on Fri Apr 17, 2009 7:15 pm, edited 1 time in total.
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Steve Austin

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Post by Steve Austin » Fri Apr 17, 2009 7:15 pm
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I know the law changed in 2004 and you can be an elected Councillor if you are Bankrupt but not if you have a BRO or BRU.
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Steve Austin

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Post by Steve Austin » Fri Apr 17, 2009 7:16 pm
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Formerly an undischarged bankrupt could not hold office as a member in local government or local authority, nor could he/she hold this office within 5 years of receiving his/her discharge. The position changed on 1 April 2004 with the coming in to force of Section 267 of the Enterprise Act 2002 which means that an undischarged bankrupt is not disqualified from so acting (consequently there is also no disqualification from so acting in the 5 years following discharge from bankruptcy).
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MelanieGiles

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Post by MelanieGiles » Fri Apr 17, 2009 9:21 pm
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That is usfeul to know Steve. Thank you for sharing that with us.
Regards, Melanie Giles, Insolvency Practitioner
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