Is setting up an IVA simple after bankruptcy annulment providing creditors agree ?

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Aidan.r

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Post by Aidan.r » Sat Jul 16, 2016 10:26 am
Having been advised I've declared myself bankrupt which was approved on Monday.

I've since realised that the advise was poor and that an IVA is a better option financially and would be looking for Annulment via IVA.

I have not spoken to the Official Receiver yet, this is due Monday 9AM where I plan on advising on the IVA plan and asking for an interview deferal.

Is setting up the IVA simple after bankruptcy providing creditors agree to the IVA
 
 

kallis3

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Post by kallis3 » Sat Jul 16, 2016 10:55 am
Hi and welcome.

You need to speak to an expert with regards to this - why were you advised that BR was the best option and by whom?

What are your total debts and do you have any assets to protect?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
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Foggy

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Post by Foggy » Sat Jul 16, 2016 11:08 am
I would recommend a quick chat with an IP and would suggest you contact one of the small to medium firms that regularly post on here. The larger firms will use less experienced staff to answer the phones and it may well be difficult, if not impossible, to speak to somebody suitably qualified.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Sun Jul 17, 2016 9:38 pm
The IVA has to be approved first before you can apply for an annulment and the process can be expensive. You need proper advice so urgently speak with an experienced IP.
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
 
 

kallis3

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Post by kallis3 » Mon Jul 18, 2016 8:17 am
I am assuming as well (correct me if I'm wrong Michael) that the Bankruptcy will still show on the credit record for six years even if it's annulled?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Mon Jul 18, 2016 9:18 am
Any reference to the bankruptcy should be removed once it is annulled as it effectively means it never happened in the first place. It is similar to a marriage being annulled in that it means you were never married in the beginning.

Realistically though there may not be the greatest difference between an IVA and a bankruptcy when it comes to your credit file as both severely damage it for six years. However if your bankruptcy was annulled and you were asked the question 'Have you ever been made bankrupt' then you could justifiably say no.
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
 
 

kallis3

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Post by kallis3 » Mon Jul 18, 2016 9:24 am
Thanks Michael - I wasn't aware of that.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon Jul 18, 2016 9:58 am
Hi Aidan

Why do you now think an IVA will be better for you?

If you have been given poor advice you may wish to make a complaint against the party that advised you.

It's possible to put an IVA together and have the BKY annulled, which is what I am in the process of doing for a debtor at the moment, but the costs of BKY will have to be paid for/dealt with in some way and it will not be cheap.
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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