Can IPA be set-up after bankruptcy discharge?

[angel74]

Just want to say "Hi!" to everyone in the forum. I'm new in the forum.

[BRIGADIER2JCS]

Just want to say "Hi!" to everyone in the forum. I'm new in the forum.

 

Good afternoon, welcome to CAG.

Do you need advice on a problem?

[angel74]

Hi, I was declared bankrupt in March 2011 and no IPA/IPO was set up then because I became ill and could not work. I was discharged in March 2012. Do I need to have IPA/IPO set up now so I can pay back my creditors?

[angel74]

Good afternoon, welcome to CAG.

Do you need advice on a problem?

 

Yes, actually I do have a problem. I was declared bankrupt in March 2011 and no IPA/IPO was set-up then because I became ill and could not work. I was discharged in March 2012. Can I arrange an IPA/IPO to pay off my creditors? Another problem is that one of my creditors who was also included in my bankruptcy may have sold my debt to a recovery company and is now demanding me to pay the debt. The company is saying they will take me to court if I don't contact them and settle the debt.

[marmaris30]

In a word - no. An IPA/IPO can only be placed before discharge. Presumably they didn't consider it necessary to do this because your income was too low. Congratulations on your discharge and I hope you get well soon!

[ims21]

Two threads merged

[angel74]

Oh, ok, thank you. What about the creditor who is demanding me to settle the debt? Can they bring me to court although it was in my bankruptcy and also that I am already discharged? Do I need to settle the debt with them now? Thanks

[citizenB]

Oh, ok, thank you. What about the creditor who is demanding me to settle the debt? Can they bring me to court although it was in my bankruptcy and also that I am already discharged? Do I need to settle the debt with them now? Thanks

 

It is my understanding if the debt was included in the BR, and you have now been discharged you are no longer in debt.. to anyone. I suggest you give the creditor chasing you, the BR reference and the name of the person who was administering it for you.

[angel74]

Thank you. Also, with regards to the creditor who is demanding me to settle the debt that was included in the bankruptcy, what do I do with them? They say they will bring me to court if I don't settle the debt.

[citizenB]

Who is the creditor who is chasing you ?

 

You simply need to let them have the BR reference and the name and address of the person who was the BR administrator, and tell the creditor to contact them.

 

I have flagged your thread for someone who will know more about this than me - they will look in on you as soon as they can.

[debtinfo]

Have you started working again then and if so when?

[citizenB]

Have you started working again then and if so when?

 

 

Why is this relevant ?

[BRIGADIER2JCS]

Have you started working again then and if so when?

 

NOT relevant at all.

[debtinfo]

It is relevent if she started working again before she was discharged

[marmaris30]

It is relevent if she started working again before she was discharged

 

The insolvency rules require an IPA to be filed, or an IPO to be proposed, before discharge. If there were evidence of non-compliance, such as failure to provide info about new income (which would be hard to hide), then discharge could have been suspended by the Court to allow for further investigation and therefore more time to sort out an IPA/IPO. But once discharge has taken place, automatically or otherwise, it is absolute and cannot be reversed.

[marmaris30]

It is relevent if she started working again before she was discharged

 

Although worth pointing out that if an IPA/IPO HAD been set up pre-discharge, a higher or lower income arising from a new job would be picked up on review, and payments revised accordingly.

[debtinfo]

Although of course it would still be a bankruptcy offence

[citizenB]

Can we please return to the question that the OP actually asked.

[stu007]

Hi

 

Fully agree citizenB and as the Op has as they stated been 'Discharged from Bankrupty'.

 

What he can consider but not required is if they actually want a 'Certificate of Discharge' which cost a small amount but the OP would have to apply to the court where the bankruptcy order took place to confirm cost and to get the court form forwarded to them.

 

I would agree that it would be best although you are discharged to contact the administrator/trustee for your bankruptcy and advise them of the circumstances and get there response.

 

Have a look at this link from the Insolvency Service and look under Bankruptcy may be of help:

 

http://www.bis.gov.uk/insolvency

[Stigman]

Thank you. Also, with regards to the creditor who is demanding me to settle the debt that was included in the bankruptcy, what do I do with them? They say they will bring me to court if I don't settle the debt.

 

Hi Angel,

 

As long as this debt was before you petitioned for your Bankruptcy, regardless of weather you included it on your 6.28 (statement of affairs, debtors petition) as your Bankruptcy would have been posted in the London Gazette in-case of any debts missed off.

 

Send who-ever is chasing you a copy (copy only) of your Bankruptcy certificate and include the name and address of the Insolvency Receiver who dealt with your affairs.

 

Do not worry about the threats of Court this, CCJ that, all just threats to scare you into contacting them to arrange a payment and fleece money from you, if they ring you, just say "in writing only" and hang up, refuse to go through their security questions.

 

Stigman