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Posted: Sun Jan 29, 2012 2:40 pm
by Peter.w
If a creditors meeting is held and a creditor with more than 25% of the of debt does not `attend/vote'(after being served due notice of the date) but all the remaining creditors accept will that have a bearing on the outcome? Or can the absent creditor appeal?
Posted: Sun Jan 29, 2012 2:50 pm
by kallis3
Hi and welcome.
Doesn't matter if they vote or not - if the ones that vote on the day agree then all creditors are bound by the IVA.
Posted: Sun Jan 29, 2012 3:15 pm
by kazzafunk
Hi Peter and welcome to the forum.
As Jan says - if they don't vote then it's tough.
Posted: Sun Jan 29, 2012 7:49 pm
by langerbridge
A creditor who doesn't vote will be treated as a yes.
Posted: Mon Jan 30, 2012 12:17 am
by MelanieGiles
That is not correct langerbridge. Creditors who do not vote are not deemed to have taken part in the voting process at all.
Posted: Mon Jan 30, 2012 9:51 am
by DragonKeeper360
Mel,
could you clarify please? In the case of an absent vote what happens if they hold more than 25% of the debt?
E.g. 4 creditors, 1) £15k 2) 20k 3) 10k 4) £15k
Creditor number 2 holds 33% (by value) of the total debt, what would happen if they abstain? is their £20k knocked off the total, so only 75% of the remaining £40k is required, or would the vote automatically fail?
Thanks in advance
DK
Posted: Mon Jan 30, 2012 9:58 am
by kallis3
On the day of the meeting it is 75% by value of the creditors that vote on the day that sway the vote.
Anyone who doesn't vote, regardless of the amount they hold, are still bound by the IVA.
Posted: Mon Jan 30, 2012 10:44 am
by DragonKeeper360
Thanks, Kallis
I'd got a feeling that that was the case, but the pessimist in me was saying that if a mojor creditor abstains then we're up sh*t creak.
I'll tell my pessimistic side to 'do one'.
Thanks again.
DK
Posted: Mon Jan 30, 2012 11:56 am
by kallis3
That's the best thing to do!!!!! You are totally covered once the IVA has been approved.
Posted: Mon Jan 30, 2012 6:31 pm
by Peter.w
Thank's all for your advice so it's happy days `ish'