I am a director of a company. Should an outstanding directors loan be included into my IVA ?

Get expert opinion. This is the place for new questions to be posted.
5 posts Page 1 of 1
 
 

Yameye

User avatar
Posts: 11
Joined: Thu Aug 29, 2013 6:01 pm
Location: United Kingdom

Post by Yameye » Fri Sep 20, 2013 9:54 pm
I'm a director of a limited company which is made up of myself and my wife. I'm about to start an iva on my own but I've been told by my accountant that the directors loan outstanding at present by company should be included into iva. This now seems like I have become a creditor to myself.
Is this possible/ correct advice?
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Sat Sep 21, 2013 7:10 am
Hi

Yes I think it is the correct advice, your limited company will be a creditor in your IVA rather than you directly. The Insolvency Practitioner dealing with your IVA will be able to advise correctly

Regards
Andam Davies
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Sat Sep 21, 2013 12:05 pm
It is the correct advice but your limited company would be an associate creditor so while the company could vote it is possible other creditors say it cannot be paid from the IVA. This is not uncommon.
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
 
 

Yameye

User avatar
Posts: 11
Joined: Thu Aug 29, 2013 6:01 pm
Location: United Kingdom

Post by Yameye » Sat Sep 21, 2013 10:28 pm
Andy / Michael,

Thanks for the responses. It's still all very new to me and I'm learning all the time.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Sun Sep 22, 2013 7:29 pm
Don't you mean that the loan is the other way round Yameye - i.e. the company owes you the money rather than the other way round? If this is the case, then your IP will need to understand why you have been lending the company money, and when and how the company will be able to repay the loan. This is a personal asset of yours which creditors will expect to benefit from. How much is the loan currently standing at?
Regards, Melanie Giles, Insolvency Practitioner
5 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”