As a creditor of a debtor with an IVA

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keith.p

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Post by keith.p » Tue Feb 12, 2008 6:44 am
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As a creditor of a debtor with an IVA I was omitted from the creditors list and therefore did not attend the meeting nor voted. Am I still bound by the terms of the IVA or can I take action through the courts to recover my debt.
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MelanieGiles

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Post by MelanieGiles » Tue Feb 12, 2008 8:40 am
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Hi keith and welcome to the forum

If the debtor can prove that your exclusion was due to an honest mistake, then you will be bound by the terms of the IVA and invited to submit your claim. If it is less than 28 days since the creditors meeting, you could lodge an appeal against the outcome of the meeting, but assuming that the debtor has put his/her best offer of settlement forward, the easiest way for you to get something repaid might be to go along with the IVA in any case.

Was there any reason why you feel your debt was excluded? Was the debt disputed at all?
Regards, Melanie Giles, Insolvency Practitioner
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