Can a secured loan be included in an iva?

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Andrew.75

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Post by Andrew.75 » Fri May 14, 2010 5:22 pm
Can a secured loan be included in total debt for an iva?
 
 

Adam Davies

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Post by Adam Davies » Fri May 14, 2010 8:09 pm
Hi
No, however if the security is sold and there is a shortfall then this shortfall can be included in an IVA
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri May 14, 2010 8:11 pm
They will be included - but only to the extent of any shortfall as Andy has already described.
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Sinking Fast

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Post by Sinking Fast » Fri May 14, 2010 8:55 pm
But surely the secured loan company, having a second charge against the property, would block any sale to protect their interest?
MelanieGiles wrote:

They will be included - but only to the extent of any shortfall as Andy has already described.
 
 

Adam Davies

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Post by Adam Davies » Fri May 14, 2010 9:20 pm
Hi
It may be following a repossession but can also be after a house sale
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri May 14, 2010 11:14 pm
No point in secured loan companies blocking house sales in the current marketplace - they are likely to lose money in the long run if they do so.
Regards, Melanie Giles, Insolvency Practitioner
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