Can a person who is in prison commence an IVA or bankruptcy ?

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Daviddp49

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Post by Daviddp49 » Tue Dec 16, 2014 12:34 pm
Can a person who is in prison commence an IVA or bankruptcy?
 
 

bridgey

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Post by bridgey » Tue Dec 16, 2014 12:40 pm
No idea to be honest, but an IVA requires a regular payment - so (I dont know) does someone in Prison get a 'wage' to pay the IVA??
Half the lies you tell aint true
 
 

Daviddp49

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Post by Daviddp49 » Tue Dec 16, 2014 1:05 pm
Thank you for replying bridgey, but i was kind of hoping for more than a "no idea"

Is there anyone who does know?

I just need to know if there are and legal restrictions on a prisoner applying for an IVA or bankruptcy.

Thank you
 
 

Michael Peoples

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Post by Michael Peoples » Tue Dec 16, 2014 1:10 pm
We proposed an IVA for a prisoner a few years ago and had to go to the jail for the paperwork to be signed. It was based on sale of assets and there was a bankruptcy petition in place so as far as I am aware there is nothing to stop a prisoner from proposing an IVA.

It might be a different story about attending the meeting of creditors though!
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Foggy

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Post by Foggy » Tue Dec 16, 2014 1:12 pm
I see no reason why not -- but, as in all IVA's it will be dependent on the ability to pay.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Daviddp49

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Post by Daviddp49 » Tue Dec 16, 2014 1:17 pm
Thank you Michael and Foggy, much appreciated.
 
 

size5

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Post by size5 » Tue Dec 16, 2014 2:16 pm
A debtor can apply for a DRO whilst incarcerated, and Michael has shown that an IVA is possible also. I cannot see any reason logically why that would not apply to a ful blown Bankruptcy.

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