Hi. We have a failed IVA and now have our BR forms to complete. There is a note with the forms that says we must contact a solicitor , Legal Advice Centre, CAB or IP for advice and assistance with completing the forms. It also says the District Judge may not be able to consider our petition if we have not sought such advice. Our case should be straight forward and we were just expecting to fill in the forms ourselves and ask your good selves for any advice. Do you think that will be ok??
You need to be able to honestly say that you have sought advice, basically so it doesn't look as though you have jumped into the decision. I didn't have any help completing the forms, which I did online.
Hi there, I'm filling in the forms too after an IVA failed. Have you taken advice from your IP, as I think I'm right in thinking this will count? I'm sure as long as you can prove you've done everything possible, the judge will be sympathetic.
Isd it me or do there seem to be quite a few IVA's failing and people turning to BR?
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
When I went BR the judge asked me if I had taken advice from anyone other than my own IP. I answered yes as I had had advice from Melanie on the forum, and he was quite happy with that.
It is not essential to seek advice first - but highly recommended, and if the Judge thinks that you are not sufficiently informed they could adjourn the hearing to give you time to do this.
My post meant that it is not essential to take advice at all, and Judges should not stop bankruptcy applications if the person has not sought advice, but some of them seem to like to.
I was a bit taken aback when he asked me if I'd spoken to anyone other than my IP - after all it wasn't really in my IP's interest to advise me to go BR!
I thought that you HAD to have taken advice, so thanks for clearing that up.
