HiI already have an IVA which is running well.

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fiona.jc

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Post by fiona.jc » Thu Jul 01, 2010 12:27 pm
Hi
I already have an IVA which is running well. My brother owes approx 10,000 on a credit card that is in my mothers name. She allowed him to use this when he was in a difficult situation and now he is having trouble paying it back alongside other debts in his name. Is there any way this can be resolved. Will it be covered in an IVA or Bankruptcy?
 
 

Skippy

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Post by Skippy » Thu Jul 01, 2010 12:40 pm
Unfortunately if the debt is in your mother's name it wouldn't be included if your brother went BR or into an IVA and she would be a creditor in the IVA / BR.
 
 

Michael Peoples

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Post by Michael Peoples » Thu Jul 01, 2010 12:44 pm
Further to what Skippy said, if your brother did enter an IVA or bankruptcy, while your mother would be a creditor she would be expected to stand aside and would receive none of her money back until the insolvency was over.

He could consider a debt management plan if he wants to repay his mother but regardless should seek some free advice.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

MelanieGiles

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Post by MelanieGiles » Sat Jul 03, 2010 5:40 pm
In my experience creditors are happy to accept associated creditor votes to be included these days Michael. Are you still seeing a lot of the "standing aside" being requested?
Regards, Melanie Giles, Insolvency Practitioner
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