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Posted: Mon Feb 16, 2009 9:47 am
by 11221592
Hi again,

It is looking unlikely that I am going to be able to do an IVA as my disposable income would only be around £150 a month.

If I was to apply for bankruptcy other than the court fees would I have to pay any of my creditors back at any stage. Feel really bad about it but this now be my only option....

Lee

Posted: Mon Feb 16, 2009 10:26 am
by MelanieGiles
David Mond's firm do IVAs for disposable income as low as that. Why not give him a call.

Posted: Mon Feb 16, 2009 10:27 am
by kallis3
Hi Lee,

If you did decide on bankruptcy, if your disposable income is over £100 per month you will have an Income Payment Order for three years. I believe the OR normally takes about 50% of any income over £100. This will go to your creditors.

Posted: Mon Feb 16, 2009 10:27 am
by 11221592
Thanks Mel, Where can I find his details....

Posted: Mon Feb 16, 2009 10:28 am
by kallis3
If you go to the expert link on the left hand side of the page, you will find him on there, and his contact details are on there,

Posted: Mon Feb 16, 2009 10:29 am
by 11221592
Thanks Jan, an IVA sounds like a much better option if i can do this as going bankrupt does not really mean yuo start from fresh...

Its a mine field out there...

Posted: Mon Feb 16, 2009 10:37 am
by kallis3
Well you do start afresh - you are usually discharged after 12 months, sometimes less, and you only pay for three years, not 5, but with an IVA, you have to opportunity to pay a lot more back to your creditors.

Both options will mean your credit rating is shot for 6 years.

Posted: Mon Feb 16, 2009 10:59 am
by lost
If you are saying you only have £150 disposable income after your bills etc i would think it is highly unlikely you will be made to add extra funds to the BR and you could be discharged within 6 months and have a fresh start, you are allowed more vs an iva in allowances and living costs you need advise from the experts on which way to go.I haven`t heard of many iva`s getting proposed for £150 its usually no less than £250 and with the payment into the iva i would think there is a possibility you will be made to pay for 72 months and you will also be made to release equity in your home at a later stage if there is any
Have a look at this link it will give you an idea of how much cash you are likely to have left over its a list of expenditures usually allowed for in a BR
http://www.bankruptcyhelp.org.uk/forum/ ... PIC_ID=100


good luck

Posted: Mon Feb 16, 2009 11:39 am
by 11221592
I know this sounds like a stupid question, but what is the discharge period? what does that mean exactly?

Posted: Mon Feb 16, 2009 11:51 am
by kallis3
David Mond and I believe Payplan, have had IVA's accepted for less money a month, so it is worth a try.

Bankrupt's remain that usually for 12 months. Then you are discharged from your bankruptcy and your name will disappear from the Insolvency Register, and you will become a discharged bankrupt.

Posted: Mon Feb 16, 2009 12:16 pm
by 11221592
Thanks for clearing that up Jan!!! Bit of a novice when it comes to stuff like this.....

After the 6 years is your credit rating the same if you do either BR or an IVA... Would love to get a place of my own again at some point!!!!

Posted: Mon Feb 16, 2009 12:24 pm
by kallis3
After six years, then both drop off the radar.

You will then have to build your credit rating back up again.

Posted: Mon Feb 16, 2009 12:34 pm
by jane.l
My view is that creditors seem to treat IVA and bankruptcy as the same thing, (you are insolvent) they are both on your credit file for 6 years. I think IVAs can be the right thing in certain circumstances, to either protect a home or a job if necessary and it comes down to personal choice. Life in an IVA is a tight squeeze but so is bankruptcy, although the allowances can be more reasonable in bankruptcy. If you have an IPA to pay, (if you have over £100 surplus per month) this will last for 3 years, but after the OR has taken his costs out, I don't think the creditors would be left with much, if anything.

Posted: Mon Feb 16, 2009 1:29 pm
by 11221592
I really just do not know what is the best option, both seem to have pro's and con's!! I am so worried that if i make the wrong choice it could ruin me for life....

I may well contact David Mond to see what options there are for me!!

If i were to go bankrupt at the moment I only have about £35 of disposable income which I know the OR will not take, what happens if i received any commission payments, would they take all of it....???

Posted: Mon Feb 16, 2009 1:40 pm
by kallis3
I really don't know. I suppose it would depend on how much it was.

Give Paul Johns of Reviva a ring to ask about BR. His advice is free and he does know about bankruptcy. His details are under the expert link as well.