Posted: Tue Mar 13, 2007 4:25 pm
I am currently trying to arrange an IVA but as my largest creditor is MBNA I am starting to get a little worried about its chances of success. I run a small company (employing myself and a apprentice) which is profitable but not hugely so, has a full order book to July and I am having to turn work away. At the moment I cannot safely draw a salary of more than around £1100/month gross without threatening the viability of the business. I have no assets other than 50% of the equity in the company. Obviously if I am made bankrupt I cannot be a director of the company, and without my day to day involvement the business will not work.
Is there a mechanism by which I can place the company in administration (to protect the company from my personal creditors forcing me to liquidate it to pay my personal debts), continue to run it for a year under the supervision of the administrator, then regain control once my bankruptcy is discharged?
Alternatively, can I sell my 50% share to my wife (the money would obviously go to my creditors in the bankruptcy), have her appointed as the sole director and bank account signatory, and then run all business decisions past her on a daily basis?
What really annoys me is that this is exactly the kind of situation that IVAs were introduced to deal with, but while some creditors refuse to co-operate with the IVA system, I am having to consider all options including the nuclear one (bankruptcy).
Richard
Is there a mechanism by which I can place the company in administration (to protect the company from my personal creditors forcing me to liquidate it to pay my personal debts), continue to run it for a year under the supervision of the administrator, then regain control once my bankruptcy is discharged?
Alternatively, can I sell my 50% share to my wife (the money would obviously go to my creditors in the bankruptcy), have her appointed as the sole director and bank account signatory, and then run all business decisions past her on a daily basis?
What really annoys me is that this is exactly the kind of situation that IVAs were introduced to deal with, but while some creditors refuse to co-operate with the IVA system, I am having to consider all options including the nuclear one (bankruptcy).
Richard