Hi p t
I'm sorry to hear about your failed variation. Did your IP ring around to try and drum up support from other creditors, and try and outvote the one who was rejecting?
The majority required for voting at a variation meeting is still 75% based upon the value of debts.
In bankruptcy you do not have a nominee, but a Trustee in bankruptcy. This can be your old Supervisor if she decides to seek the appointment. So you could be dealing again with the same IP.
The effect of bankruptcy proceedings is that your interest in the property (ie the equity value) will vest in the Trustee (ie they will own it). In these circumstances get your friends to make an offer of settlement based upon the equity sum less a deduction for notional costs of sale - ie the costs which would have been attributed were the property to be sold - agents and solicitors fees usually.
My experience of variation meetings is that the creditors are rarely interested and generally it is fairly easy to get acceptance votes. I can boast that I have never had a variation proposal turned down - but I hope I don't live to regret confessing that in future!
I do not feel that there is much point in you asking your Supervisor to submit variation proposals again, and she will probably refuse. Accept that bankruptcy will leave you free within one year, and use your friend's money wisely to secure your home. Creditors will now get paid nothing - but that is not your fault it is theirs.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at:
http://melaniegiles.blogs.iva.co.uk