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andy b

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Post by andy b » Tue Aug 19, 2008 9:46 am
Hi there,

Could someone please clear up the following as to whether commercial rent can be included into an iva as the following sentence makes it unclear.

Which Debts Can’t Be Included?
Some debts cannot be included within an IVA. These will normally involve secured debts, such as a vehicle HP or Mortgage arrears. Other debts such as Rent and Council Tax arrears and fines (such as parking offences) will normally have to be paid and provision for the repayment of these debts will be made separately.

I have a shop lease which runs for another 7 years @ 12k per annum.

Many thanks,
Andy
 
 

Wizzard

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Post by Wizzard » Tue Aug 19, 2008 9:49 am
Hi Andy ... I'll bump this back to the top of the list for you and hopefully an expert will pick up on it.
When I was young I was called a rugged individualist
When I was in my fifties I was considered eccentric
Here I am doing and saying the same things I did back then and now I'm labelled senile
 
 

chris.g

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Post by chris.g » Tue Aug 19, 2008 9:50 am
I'm almost sure you can include commercial rent in an IVA but one of the experts will be along soon no doubt to answer your question
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MelanieGiles

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Post by MelanieGiles » Tue Aug 19, 2008 10:40 am
If the commercial lease is in your name then it must be included in the IVA, but are you going to continue trading? If so, then you will just continue to pay your rent on the usual due dates.
Regards, Melanie Giles, Insolvency Practitioner
 
 

andy b

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Post by andy b » Tue Aug 19, 2008 1:56 pm
hi there,

no i won't continue trading, christmas will yet again decide whether i can continue or not for the following year.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Aug 19, 2008 2:38 pm
Then the residual balance due to your landlord will need to be taken into account in the IVA, but they will have a responsibility to mitigate their claim by trying to find a new tenant - which will then reduce the amount you will be left owing.
Regards, Melanie Giles, Insolvency Practitioner
 
 

andy b

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Post by andy b » Tue Aug 19, 2008 3:21 pm
ok, many thanks
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