Can I transfer high court enforcement debts to an IVA from failed business as sole trader ?

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Markdd20

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Post by Markdd20 » Fri Aug 14, 2015 1:49 pm
Can I transfer high court enforcement debts to a iva from my failed business as a sole trader?
 
 

Michael Peoples

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Post by Michael Peoples » Fri Aug 14, 2015 2:06 pm
There is nothing to stop this unless the debts are secured and the enforcement proceedings are for repossession. Standard bailiff proceedings or action from HMRC would be covered by the IVA. If the situation is very serious your IP can get a court order stopping all legal proceedings while the meeting of creditors is held.

Get some urgent advice from an IP firm.
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
 
 

Jethro

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Post by Jethro » Sat Aug 15, 2015 7:32 am
If I could add to the above;

My IVA was based around an HMRC High Court Judgement (bankruptcy). They will not play ball unless all your returns are up to date. They can also be difficult if they've had trouble with you in the past although mine went through eventually. My IP said he couldn't believe how hard they made the process even though he'd proven that they'd get more from the IVA than the bankruptcy. In the end they forced me to lodge £2k with the IP in case they needed to bankrupt me again. Not the easiest thing to do when you've just been made bankrupt! Fortunately I was able to do it and it all went through. My £2k was returned to me on completion which was nice but my IP wasn't certain it would be.

Hope it goes through for you.
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon Aug 17, 2015 10:40 am
Hi Mark all of your liabilities should be included in your IVA so you would actually have to include them...
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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