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Posted: Thu Aug 05, 2010 6:29 pm
by fiona.ht
If a person enters into an IVA, can the moratorium that ensues for 28 days on all proceedings against that person be lifted after the 28 days, or is it terminal?

Posted: Thu Aug 05, 2010 6:39 pm
by kallis3
Hi and welcome to the forum.

What is the moratorium for?

Posted: Thu Aug 05, 2010 6:55 pm
by orange
just googled it means delay in activity! sorry dont know answer

Posted: Thu Aug 05, 2010 7:25 pm
by kallis3
Are you talking about an action taken against you by a creditor?

If so, then one of the experts will be along to advise.

Posted: Thu Aug 05, 2010 7:27 pm
by 666
i'd imagine this is the action you can take to stop/delay a creditor getting a ccj applied against you while you pursue an IVA proposal. If you're in debt then its a good thing ... so not sure if that applies here or if you're a creditor waiting to get at a debtor?
I dont know the legalities but I would think that if the debtor is able to prove they are taking steps to address the issue - ie IVA/bankruptcy proceedings then the moratprium can get extended

Posted: Thu Aug 05, 2010 7:48 pm
by kallis3
I think you are probably right on that.

An IP can take court action to stop proceedings whilst the IVA goes through.

Posted: Fri Aug 06, 2010 12:28 am
by MelanieGiles
There is no moratorium in an IVA. You can get relief from creditor actions via an Interim Order - but this is not necessarily for a set time period and can be extended at the Court's discretion.