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Posted: Thu Nov 14, 2013 7:55 pm
by matuk1969
Hi I'm just about to enter into an IVA and have a question that may not be politically correct but if i received an inheritance during the IVA would this go to my creditors? Thanks
Posted: Thu Nov 14, 2013 8:13 pm
by pollyann
Hi matuk1969 im afraid so, i had to pay the money from my dads estate into my iva. After the funeral expenses the remainder was paid over.
Posted: Thu Nov 14, 2013 8:24 pm
by Foggy
Hi. As Pollyann says, the inheritance will be paid into your IVA up to the value of the original debt plus fees. It is covered by the windfall clause.
Posted: Thu Nov 14, 2013 8:27 pm
by matuk1969
Thank you for your reply,,, my mum & dad would be devastated if that happened I am now not sure which way to go and wonder if bankruptcy might be a better option as that's only 12 months? I owe 50k after a nasty divorce and have no assets or savings but have an income of 45k
Posted: Thu Nov 14, 2013 8:34 pm
by matuk1969
Thank you foggy I have 14 days to decide what to do ?
Posted: Thu Nov 14, 2013 8:34 pm
by Foggy
With no assets to protect and assuming BR wouldn't impact on your job -- it might well be worth considering. Have a chat with an insolvency firm to explore all options in detail.
Posted: Thu Nov 14, 2013 8:38 pm
by matuk1969
I will phone them tomorrow and explore BR i think? Ta
Posted: Thu Nov 14, 2013 11:11 pm
by Michael Peoples
You could have the will changed to protect the inheritance and any insolvency firm should discuss this with you. You can protect any inheritance.
Posted: Fri Nov 15, 2013 5:17 pm
by matuk1969
Thank you Michael I will look into that