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Posted: Thu Nov 11, 2010 8:32 am
by Notsure
Hello all,
I have a quesiton about a one off settlement amount. I have a large property debt to a private investor. He is about to repossess the properties and once sold will have an unsecured debt outstanding of about £150k. I also have credit card debts etc of about £50k. If I agree with him a one off settlement of 5p in the pound(on the £150k) and he agrees(I will go bankrupt otherwise) can I add my other creditors in at that rate and will they have to agree as well on the basis that he is 75% of my unsecured debt?
Thanks in advance to anyone that can assist.
Neil

Posted: Thu Nov 11, 2010 8:53 am
by Broke of London
You will need to take advice from a couple of insolvency firms. There is a list and customer reviews at www.iva.com . They will help you work out your best offer. It would be unusual to propose an iva at 5p/£ but there are some posters on here with extremely low dividends so it's not impossible. BR might be the better option if this is really your best return.

Posted: Thu Nov 11, 2010 9:07 am
by Michael Peoples
If you propose a formal IVA all creditors are bound if 75% of the amount of money agrees to the proposal. An informal settlement would not be binding on your other creditors so you should take advice from an insolvency firm.

Posted: Thu Nov 11, 2010 9:48 am
by MelanieGiles
I had a situation like this recently where creditors accepted 2p in the £, due to the claim of a bank which represented around 80% of the debt. This bound in a all of the smaller creditors, most of whom accepted the proposals on the basis that they were getting some return rather than nothing under bankruptcy proceedings.