Does an IVA cover debts secued on my property

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aknox

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Post by aknox » Mon Jan 19, 2009 12:24 pm
Does an IVA cover debts secued on my property under a charging order?
 
 

Lisa2009

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Post by Lisa2009 » Mon Jan 19, 2009 12:26 pm
No it doesnt but provisions can be made in an IVA proposal, allowing the secured loan to be paid alongside the IVA.
Do you have any other creditors and if so, how much do you owe to them?
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


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Michael Peoples

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Post by Michael Peoples » Mon Jan 19, 2009 12:41 pm
If the charging order is only an interim one and it has not been made final or absolute, an IVA can address it as it is not yet fully secured. If this is the case seek urgent assistance from an IP who can get an order to put the proceedings on hold. Otherwise as Mrs Skint says it can only be treated like a mortgage or secured loan and must be paid.
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
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jan 19, 2009 1:57 pm
It actually does cover those type of debts, but only to the extent that the asset which secures the debt is insufficient to cover the debt. For instance if there were a charging order of £20,000 against a property with equity of only £10,000 after the mortgagee's claim, then the £10,000 would be unsecured and deemed to be a claim in the IVA.
Regards, Melanie Giles, Insolvency Practitioner
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