Can I settle my IVA early by using a directors loan from my company ?

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Brendan.ll

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Post by Brendan.ll » Thu Oct 25, 2012 9:29 am
Hello,
Me and my wife are currently in an IVA taken out in 2010 and we are about 33 months into it so 27 months left. The monthly payments are around £687 per month so based on this the contractual amount left outstanding is £18,500 approx.If this is possible what should be offered as final settlement?
I run my own business as a limited company and am the sole shareholder.
My question is, can I settle my IVA early by using a director's loan from my company to pay off the IVA.
 
 

Michael Peoples

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Post by Michael Peoples » Thu Oct 25, 2012 9:34 am
You need to check this with your IP but I can see a couple of issues. If the couple has reserves to lend then it could possibly pay a dividend instead and this money may be captured already by the IVA. If the company is borrowing the money itself to lend to you then the likelihood is that the loan would need to be personally guaranteed by yourself and you would fail a credit check.
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
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