I’ve tried my utmost to make arrangements with them but their demands were unrealistic.
I have received a Bankruptcy petition and a court hearing date. I have contacted all my creditors and made arrangements with them direct. None of them said they have any knowledge of any litigation against me.
I have written to my IP, their solicitor and the court enclosing these arrangement confirmation letters. The solicitor has wrote back saying the case is still going ahead?.
Is this correct as I would prefer not to go Bankrupt for risk of losing my house? Also I have never completed and signed the RX1 form sent to me. Was my IVA ever valid with this not in place?
Not completing an RX1 will have no bearing on the matter as this is just a procedural thing to give the IP notice if you try to sell or remortgage without his permission.
It is sometimes ( though not often, these days) written into an arrangements terms that, in the event of failure, the IP will seek bankruptcy and, if that is the case, you have no argument, having agreed to that at the outset.
I would think -- and this is just the musings of an untrained bystander --- your hopes would lie in convincing the judge that your attempts to resolve the breach were reasonable and that the IP was unreasonable in not accepting them. This, of course, will also depend on the nature of the breach in the first place and who and what was the author of the downfall.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
As Foggy says it is likely that the terms of the IVA bind the IP to Bankrupt you due to the failure of the IVA.
The Court is likely to make the Order as it can be proven that you are insolvent but worth you arguing that all creditors have accepted a repayment plan to try and avoid the order being made.
In the perfect world you should instruct an insolvency Solicitor to give you some advice and defend you.
