I think Skippy is right. The judge can refuse, and if your IVA hasn't failed, it is unlikely that you will be granted a BR order.
You will have to let your IVA fail normally before you can petition for BR.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
How can you say the Judge can refuse when even in your instances he did not, I have quoted you the rules, you can petition for bankruptcy without the IVA failing, you are all just saying he may not approve the order, please give an instance in law rather than an opinion as advocates of an IVA
Hi
An interesting debate and we must acknowledge that some people may prefer bankruptcy even if an IVA is viable. For me the question is can the judge refuse bankruptcy if someone who is in an IVA,or had an IVA, requests it ?
Regards
If he/she thinks an IVA is better, then he/she can refuse the petition.
It is highly unlikely that the judge will accept BR if an IVA is still current.
Just point out as well that I am not bankrupt and both Skippy and Julie's husband had an IVA which failed through no fault of their own.
In the vast majority of cases, an IVA will have to fail before BR is granted.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Hi
Interesting
So someone who, for whatever reason, doesn't want to continue with an IVA can be refused bankruptcy even though they are insolvent ?
Regards
As far as I was aware Andy, the IVA has to fail before you can petition for BR.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I don't know if a judge would refuse a BR application if someone chose to let their IVA fail.
I can only speak from experience and the judge certainly wanted to know why the IVA had failed and if we we had taken advice on BR. We had to name the person who gave us BR advice.
Hi
I am just interested to know whether a judge can refuse bankruptcy if a person who is, or has been, in an IVA requests it. This was the original question and it is important to just strip our own views on whether an IVA is more suitable or not so that we can give a difinitive answer. The Major implies that the Judge can't refuse but Mel is suggesting that they can.
I think it is an important question that we need to answer
Regards
Hi
That is how I read it but I would be really surprised if that was the case.
Someone in an IVA is insolvent so surely would have a choice on whether to go bankrupt or continue with an IVA. We all agree that someone may have to fail an IVA before applying to go bankrupt but the question is once they have done that can a judge refuse bankruptcy ?
Regards
If you are in an IVA and can afford the payments, then I couldn't see a judge agreeing to bankrupruptcy.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
The Court has the ultimate discretion on all applications put in front of it. If the applicant is not happy with the decision made they always have the right to appeal.
So Mel, if someone was in an affordable IVA, but decided that they wanted to go BR as they viewed it as an easier option, is there a chance that the judge might refuse the BR application and order that the IVA continue?
