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IVA Approved but a main creditor didnt take part

Posted: Wed Nov 06, 2019 7:50 pm
by spark
My IVA was approved, but a main creditor didnt take part at all, can they do anything to stop the IVA or are they legally binded now, they were informed like all the other creditors about the meeting.

Thanks

Re: IVA Approved but a main creditor didnt take part

Posted: Wed Nov 06, 2019 8:49 pm
by Foggy
If they weren't actually informed and invited to vote they could claim the IVA is null and void. However, if they were informed, they have no come back and are bound. It is their fault for not voting if they object.

Re: IVA Approved but a main creditor didnt take part

Posted: Thu Nov 07, 2019 3:41 pm
by WallE
If they were on your list of creditors but didn't bother voting - tough luck.

If they're not on your list of creditors and have been informed "after the fact" they have a period of 28 days from being informed to challenge it through their own legal processes. It's potentially not worth their trouble doing so, as if they don't challenge it and they end up coming into the arrangement and being a majority creditor, they may have the voting power to reject any increase in claims. Not all creditors will see it the same way though.

Re: IVA Approved but a main creditor didnt take part

Posted: Thu Nov 07, 2019 4:00 pm
by kallis3
How long have you been in your IVA?