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 bankruptcy postbag for july
 filed petition ,BUT

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T O P I C    R E V I E W
bluey875 Posted - 04 July 2008 : 09:23:17
i filed my petion for BR yesterday,SIX hours later they tell us they cannot process it as we have an IVA and need more documentation and/or information.
is this correct or is the cynic in me that says it was 3.30 and the judge wanted to home at 4.00 correct? i have spoken to a financial advisor,my IP and the staff at the desk (who checked my petition TWICE) never they mentioned it.the hearing has been rescheduled for two weeks time,which is frustrating and annoying as i had hoped i could get this over and done with quickly
7   L A T E S T    R E P L I E S    (Newest First)
JulianDonnelly Posted - 04 July 2008 : 16:45:04
Hi Bluey,

Most courts will insist on either a Certificate of Failure of your IVA, of a letter from your IP confirming that the IVA has failed before they will process a debtors petition (you can submit it at the same time as you hand in your SOA). Your IP should have been aware of this.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Ian Richards Posted - 04 July 2008 : 11:12:47
Hi bluey

I should get on the phone to your IP straight away and read the riot act!! They know the score, and they would have known full well what the chances of your BR being granted with out your letter of termination!
zoe Posted - 04 July 2008 : 11:04:23
Which court was this???
bluey875 Posted - 04 July 2008 : 10:57:27
It may have been the termination letter,but my IP asked me to let him know so he could do the termination AFTER the filing.i did offer to get a copy of it faxed over but they were not prepared to wait.As long as this is correct i 'm slightly happier.its just annoying that they kept me waiting six hours knowing full well that the petition could not be dealt with.
bluey875 Posted - 04 July 2008 : 10:40:14
Hiya Loads,
yes it was,but at no point did any of the three people who advised me tell me i needed it.in fact iirc my ip told me to file first !!!
i did offer to get one faxed over but my offer was declined.And despite them keeping me hanging around for six hours did anyone proffer an apology for not noticing sooner? nope.
Ian Richards Posted - 04 July 2008 : 09:43:39
Hi bluey

Did you take your letter of termination of the IVA with you into court?

Most courts in the land require this beofre making you BR and will refuse to do allow the BR without one.
zoe Posted - 04 July 2008 : 09:38:50
What documentation do they need???

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