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Posted: Tue Jan 29, 2013 12:54 pm
by Lorraine.cl
If my IVA company make me bankrupt who pays the fees

Posted: Tue Jan 29, 2013 1:13 pm
by Foggy
I think the general concensus is that they pay the fee from the IVA pot, if they take the initiative.

Posted: Tue Jan 29, 2013 1:14 pm
by Michael Peoples
If there is not enough money in the pot the IP can ask creditors to fund the bankruptcy or just fail the IVA and let creditors pursue as normal.

Posted: Tue Jan 29, 2013 1:23 pm
by ClareSilver
Depends whether or not there is a modification in your proposal which states 'funds must be retained for the debtor's bankruptcy'.

Posted: Tue Jan 29, 2013 10:14 pm
by MelanieGiles
If you are talking about the fees for running the bankruptcy, it is not usual for these to be paid from the IVA funds, as these are generally held in trust for the IVA creditors and thus ringfences from the bankruptcy proceedings.

The costs of bankruptcy are generally indemnified from the estate assets. If there are no assets, these are generally funded from the public purse if the OR is appointed, or by the IP personally if they have been unfortunate to be appointed over an asset-less case. This seems to happening more and more now - I am continually writing time off in my bankruptcy portfolio which cannot be recovered.