Creditors meeting

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Helhan

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Post by Helhan » Fri Jun 22, 2007 10:01 pm
Hi, me again!
We are in the early stages of proposing an IVA, and due to high income/high expenditure we are not confident that we will be successful. All our outgoings are genuine, and constitute about 80% of our monthly income. As our debt costs us another 34% of our income, it is easy to see why we have got into a complete mess! (We owe over £100,000, mainly as a result of consolidation loans over the last 12 years))
If , on the day of the meeting, the creditors reject the proposal, and they want the dividend to be increased, do you make a decision there and then over the phone, or is this when you have an adjournment for a second meeting?
If the creditors wanted to add 10% for example, by squeezing the margins of the expenditures, such as food and clothes, and although you might just manage by being very frugal for five years, is this really realistic? Or are you better to cut your losses, and enter into bankruptcy? I understand that our creditors can be tricky, and will go through our expenditure list with a fine tooth comb due to the amounts we pay for various things.
Would the OR in bankruptcy challenge why you didn't increase the dividend to creditors if it was theoretically possible, although unlikely to succeed over the five year period?
We are keen to avoid bankruptcy and to pay back as much as we can via an IVA, but I anticipate that five years with £50 a month contingency fund is going to be nigh on impossible with three kids.
We are using a highly recommended IP (who is a regular poster on the site!)whom we are putting all our faith in, but understand that ultimately the decision is down to the creditors.
Any thoughts?
Thanks
Helen
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jun 22, 2007 10:05 pm
Hi Helen

In my practice, meetings are always adjourned if the creditors are seeking increases in payments, to enable you to reconsider your offer and to allow ongoing negotiation with your creditors. You must not be pushed into a corner by the creditors, where you will be unable to meet the payments in the future as this is just false economy and not fair to your family.

The OR will be unlikely to be bothered about your reasoning not to accept modifications that you felt you could not afford.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

Helhan

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Post by Helhan » Fri Jun 22, 2007 10:09 pm
Thanks Melanie, I have lots of questions!!! I will keep posting as I think of things, and speak to you next week.
Regards
Helen
 
 

scaredkez

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Post by scaredkez » Fri Jun 22, 2007 10:10 pm
hi helhan the or will not question you about why you didn't up the iva payments so to speak, they will determine your I+E in BR realistically so that you remain solvent, they donot want to see you go down the BR path again and realise you have to live comfortably, i got the feeling from my OR when we were talking he was not a big fan of iva's so didn't go to much into it, on the day mine was rejected and the modifications put to me i was told i had until the next meeting to decide whether or not i would go with the modifications as i think most others have to, your creditors will go through all your expenses, mine did not allow me to have life insurance although a stipulation of the mortgage, helhan you have to know in your own heart what you think you can realistically manage on for the next five years good luck
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

Helhan

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Post by Helhan » Fri Jun 22, 2007 10:36 pm
Hi Kerri
Thanks for that. I have been reading your posts for a while, things seem to be looking up for you? Are you relieved about the bankruptcy?
I will let you know how we get on!
Helen
 
 

scaredkez

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Post by scaredkez » Fri Jun 22, 2007 10:43 pm
helhan the relief is immense knowing that you are not going to be hounded by your creditors anymore, you do feel guilty about not paying them back, but i hold my head up and tried they refused, you do feel uneasy as you don't know what the OR is going to decide and you feel like your life is in their hands, its still early days for me, well to be honest i am 2 months into it, only 10 months til discharge, my home is to go which is the next biggie and really after that i have nothing else to take and will be able to get on with my life once i have found that new home, i do feel better in myself, i am living again, i am being a mum again which is the most important change, when i look back over the past 12 months i hardly recognise who i became and hopefully now i am turning back into the real me, for the kids we have tried to turn this bad debt into an adventure so as not to take them down with us, so moving to a new area will be exciting for them too and i want them to look forward to it, we have to put this behind us and rebuild our lives a little more wiser this time as i certainly have learnt from my mistake and hope my kids never follow me down this path.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

stam

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Post by stam » Fri Jun 22, 2007 11:22 pm
Hi Helhan

I was reading some info about Fast Track IVA's you can find all the info @ www.insolvency.gov.uk.

It seems that it is possible to propose a fast track IVA if you are made bankrupt. In brief; the OR can agree to act as an IP. If the creditors accept the OR's proposal you can have your Bankrupcy overturned If not accepted by the creditors the bankrupcy proceeds.

I guess its worth a shot if you reach the stage where you have nothing left to loose and Bankrupcy becomes inevitable.

I am no expert and have debt to contend with myself, am currently in a DMP while I try and sort out what to do. Just thought it might be useful as a possible last resort.

Good luck with the IVA!!!

p.s The government website is well worth a look
 
 

MelanieGiles

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Post by MelanieGiles » Sat Jun 23, 2007 11:04 am
It is unlikely that you would persuade the Official Receiver to act in a FTVA if there had already been an IVA rejected by creditors.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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