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Posted: Fri Apr 24, 2015 9:21 am
by chocoholic2
So....I'm in the position to be able to make a full and final offer - have offered my remaining payments (15), plus another 12 in lieu of equity.
I have about 40,000 equity, and am worrying that when my creditors see that they might decline the F&F and petition for bankruptcy instead...
Is this a real possibility or am I worrying myself over nothing?
Posted: Fri Apr 24, 2015 9:59 am
by Michael Peoples
I think you will be fine as creditors know it is difficult to get any equity release anyway. Regardless, if the variation is rejected, the IVA reverts to the original agreement as you are not in breach so they cannot make you bankrupt anyway. Best of luck from me.
Posted: Fri Apr 24, 2015 10:05 am
by chocoholic2
That's good to know, thanks Michael... think I'm just thinking 'worse case scenario's'!
Posted: Fri Apr 24, 2015 10:33 am
by Foggy
One of the main ideas behind an IVA is to try to protect the property ownership, so petitioning for BR is not in the spirit of the arrangement as long as you keep to your side of the agreement, which you have.
Posted: Fri Apr 24, 2015 11:07 am
by chocoholic2
Thanks Foggy...suppose I'm just nattering over stuff [:)]
Just been given my date - 22nd May...
So the countdown begins!
Posted: Fri Apr 24, 2015 11:49 am
by Lisa Thomas
The others are right - if creditors don't accept variation your IVA continues as normal. One month to go - fingers crossed for you.