I want to pose a question on this particular point.
If for instance a debtor has made all 60 payments required, the maximum duration of an arrangement is usually restricted to 63 months, to give the IP 3 months to tie up loose ends etc.
I am aware that if an IP adopts the R3 Standard Terms & Conditions, you can apply, providing there is good reason, to extend the term by a further 6 months by giving notice of that fact to the creditors and then again (By which time I'm sure it would have to a very good reason [:)]) by a further 3 months.
My question is this. If the IP fails to distribute funds within the prescribed duration of the arrangement, whether it be subject to extension or not, what then is his standing? Is the IVA still to be classed as extant? If so what is to prevent the IP from continually putting off the distribution of funds, say in favour of getting new work in? I am not saying that is the case in the instances quoted above, that is just a 'for instance'.
If you pay the funds in in July 2007 and the Supervisor's fees are subject to a monthly billing are your creditors going to lose out to the extent of fees billed between settlement being made and a distribution being made? (I have seen proposals that suggest that fees are billed on a monthly basis at a certain amount per month (Fixed fee) as opposed to being charged on a time costs basis)
I find both the Act & Rules and the R3 Standard Terms & Conditions to be a little lacking in guidance and direction in that respect. That said, there should not really be any reason for IVA's to expire beyond their time.
I wonder if any IP's here have come across or had to deal with a time expired IVA. I would be interested to here how it was dealt with.
Tell it like it is.
Last edited by
Cybus on Fri Nov 16, 2007 2:28 pm, edited 1 time in total.
Tell it like it is.