Posted: Sat Feb 19, 2011 10:32 pm
A very large creme caramel Baileys for me!
Page 4 of 5
Posted: Sat Feb 19, 2011 10:33 pm
Sorry, seem to have caused a bit of a argument here, I have no real problem with there being such a thing as an insolvency register (even though there are other means for companies to search a persons solvency), what I object to is someone next door to me or a workmate potentially being able to look on a website and see personal and finacial information about me. As for liabilty for debts, I know I was fully intending on paying every single penny back as were we all no doubt, however things do not always work out the way you expect, by being on this site shows that people are trying to do the right thing, whether the IVA route works or other things interfere with it to drive you down the BR route I do not care to comment on. I have a family member who has been made BR in the past and they are fortunate to have parents and family who are fully supporting of them, things are not always as black and white as they appear to others.
Posted: Sat Feb 19, 2011 10:33 pm
Yukk!!! Makes me feel ill now!
Lager, cider or a liquer coffee for me!
Lager, cider or a liquer coffee for me!
Posted: Sat Feb 19, 2011 10:34 pm
Gin and tonic for me...with a big wedge of lime! Yummy
Posted: Sat Feb 19, 2011 10:36 pm
Hate gin as well! Vodka would do it though.
Posted: Sat Feb 19, 2011 10:38 pm
Gettingthere - would not worry about causing an argument - "we been told Off"
Main thing is - none of us know what around the corner, so our life can change at "the drop of a hat".
Main thing is you have to do what feels right for you at the time, as adult we make mistakes etc, but we also learn from them as well.
Main thing is - none of us know what around the corner, so our life can change at "the drop of a hat".
Main thing is you have to do what feels right for you at the time, as adult we make mistakes etc, but we also learn from them as well.
Posted: Sat Feb 19, 2011 10:40 pm
Hows about bacardi and coke? Or Snake Bite (lager and cider)
Posted: Sat Feb 19, 2011 10:43 pm
Not been told off - just asked to keep it friendly!
Posted: Sat Feb 19, 2011 10:43 pm
Snake bite - do people still drink that ? remember Larger and blackcurrent or even worse Pernoid/blackcurrent
remember Larger and blackcurrent or even worse Pernoid/blackcurrent Posted: Sat Feb 19, 2011 10:45 pm
Kallis - Like to see you tell someone off using the keyboard
Posted: Sat Feb 19, 2011 10:46 pm
I used to drink Pernod and lemonade and my favourite tipple when I started drinking was Dubonnet and Lemonade!
Posted: Sat Feb 19, 2011 10:47 pm
Other than typing words I'm stuffed!
Posted: Sat Feb 19, 2011 11:10 pm
Hi
Just back from my pint, thank you Mel for your reply, I agree with you that a Judge prior to granting a bankruptcy order will require to be assured that the debtor qualifies for it, has had advice about it and understands the implications of it, however only about half of all Judges even bother to see debtors these days. I also agree that its possible, but unlikley some Judges who bother to see the debtor may well want to pause proceedings to seek the opinion of an Insolvency Practitioner as to whether an IVA may be more practical, but that is only if the debtor agrees to it, no debtor at present as far as I am aware will have to agree to an IVA unless they want to. With regard to the client being refused bankruptcy after failing the IVA I know of no present legislation or law which allowed the Judge to do that and am very keen to know the full circumstances.
Just back from my pint, thank you Mel for your reply, I agree with you that a Judge prior to granting a bankruptcy order will require to be assured that the debtor qualifies for it, has had advice about it and understands the implications of it, however only about half of all Judges even bother to see debtors these days. I also agree that its possible, but unlikley some Judges who bother to see the debtor may well want to pause proceedings to seek the opinion of an Insolvency Practitioner as to whether an IVA may be more practical, but that is only if the debtor agrees to it, no debtor at present as far as I am aware will have to agree to an IVA unless they want to. With regard to the client being refused bankruptcy after failing the IVA I know of no present legislation or law which allowed the Judge to do that and am very keen to know the full circumstances.
Posted: Sat Feb 19, 2011 11:24 pm
I think that certain Judges take a real interest in insolvency cases - I do a lot of work in Northern Ireland where the bankruptcy master is a stickler for procedure, insists on seeing all debtors where there is a debtor's petition, and gives them a good grilling before she will grant the order. I know we won't agree on this, but I am on her side in that particular instance, and of course a bankruptcy order may only be granted at the discretion of the Judge/Bankruptcy Master.
I think that the point with regard to the failed IVA, is that we all know that there are people who enter into IVAs who later decide that they feel bankruptcy would be an easier option. Often, this is through encouragement from the bankruptcy assist marketing, which is often a point of discussion on this forum - hence the current thread. Deliberate failing of an IVA is a breach of contract, which was initially based on mutual offer and acceptance. So perhaps some judges - those which take a greater interest in the bankruptcy applications in front of them - amy well be questioning more clients about why they wish to effect such a deliberate breach when there is no evidence of a change in circumstances.
My own view as an insolvency practitioner who does just as much bankruptcy work as IVA work, is that once a client has made their mind up that they do not want to honour their commitments to creditors any more, having been thoroughly appraised of all options at the outset - including the benefits of bankruptcy - is that I would not want to keep them in their IVA kicking and screaming. n What I do really object to is the cold-calling of firms obtaining information about my clients from the insolvency register and then calling them up to tell them that they have been missold an IVA as it was not suitable for their circumstances. Thankfully this only happens occasionally, and none of my 1,500 IVA clients have taken more than an amused notice, but I know other IP firms have suffered from a lot.
I think that the point with regard to the failed IVA, is that we all know that there are people who enter into IVAs who later decide that they feel bankruptcy would be an easier option. Often, this is through encouragement from the bankruptcy assist marketing, which is often a point of discussion on this forum - hence the current thread. Deliberate failing of an IVA is a breach of contract, which was initially based on mutual offer and acceptance. So perhaps some judges - those which take a greater interest in the bankruptcy applications in front of them - amy well be questioning more clients about why they wish to effect such a deliberate breach when there is no evidence of a change in circumstances.
My own view as an insolvency practitioner who does just as much bankruptcy work as IVA work, is that once a client has made their mind up that they do not want to honour their commitments to creditors any more, having been thoroughly appraised of all options at the outset - including the benefits of bankruptcy - is that I would not want to keep them in their IVA kicking and screaming. n What I do really object to is the cold-calling of firms obtaining information about my clients from the insolvency register and then calling them up to tell them that they have been missold an IVA as it was not suitable for their circumstances. Thankfully this only happens occasionally, and none of my 1,500 IVA clients have taken more than an amused notice, but I know other IP firms have suffered from a lot.
Posted: Sat Feb 19, 2011 11:40 pm
HI Mel
Some very good points there, I know nothing of Northern Ireland bankruptcy practises, with regard to your clients being telephoned by an accountants firm I stand with others firmly behind you there, and look forward to your response from this firm on Mondays forum
Some very good points there, I know nothing of Northern Ireland bankruptcy practises, with regard to your clients being telephoned by an accountants firm I stand with others firmly behind you there, and look forward to your response from this firm on Mondays forum