We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Help - SOA and surplus for IPA?

24

Comments

  • debtinfo
    debtinfo Posts: 7,012 Forumite
    so the question is not about whether they can set an IPA with no surpus (which they can't) but is actually about whether you have a surplus or not. you do not have to sign the IPA, the IP can then apply for an IPO at which the point the judge will decide whether the amount claimed is allowed. If you want any serious opinion then you need to give more details about nature and amount of the dispute.

    Also please dont refer to the IP as the receiver or OR,as it is confusing, they are the IP or trustee
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • greytdog_2
    greytdog_2 Posts: 288 Forumite
    how much is the alleged surplus and what business expense is it that you need it for - that might help.
  • Grandadto2
    Grandadto2 Posts: 19 Forumite
    Sorry, I am a newbi and didn't know what to call them. In that case I have an IP. They amount I have every month is up and down but in the last 18 months I have NEVER had a monthly surplus
  • kepar
    kepar Posts: 1,297 Forumite
    So where does the IP get the surplus from then?


    Have I got this right?

    I am sorry I do not understand, you are bankrupt and you have talked through your SOA with your IP, who finds a surplus which you claim isn't there. Because of the surplus the IP wants to put you on an IPA.
    You are disputing the surplus, claiming that you haven't had one for the last 18 months.
    The surplus is disputed by you as a business expense, can you let us know what this is as someone on the forum might have an answer, also it could help with other posters who have the same sort of issue.
  • Grandadto2
    Grandadto2 Posts: 19 Forumite
    I get my commission paid on the last day of the month. Out of that money I need the following months money as per soa. I also need money for business expenses i.e. petrol, hotel bills, accountant, stationery. By the end of the following month I usually find that I have had to use "my" money (from soa) to supplement my business expenses. Then some months I don't even have enough for my own money (soa)! and really struggle. My income is up and down month to month as is my business expenses. As I said, in the last 18 months I have never had a surplus
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It is very difficult to help if you don't post up the agreed SOA.

    :j :j


  • Grandadto2
    Grandadto2 Posts: 19 Forumite
    Here is my SOA: all car expenses come from business and business expenses can be anywhere from £300 to £800 per month. Also, income ranges from £1100 to £2200
  • Grandadto2
    Grandadto2 Posts: 19 Forumite
    Statement of Affairs and Personal Balance Sheet

    Household Information

    Number of adults in household........... 2
    Number of children in household.........
    Number of cars owned.................... 1

    Monthly Income Details

    Monthly income after tax................ 2000
    Partners monthly income after tax....... 0
    Benefits................................ 0
    Other income............................ 0
    Total monthly income.................... 2000


    Monthly Expense Details

    Mortgage................................ 0
    Secured/HP loan repayments.............. 0
    Rent.................................... 615
    Management charge (leasehold property).. 0
    Council tax............................. 150
    Electricity............................. 56
    Gas..................................... 40
    Oil..................................... 0
    Water rates............................. 45
    Telephone (land line)................... 13
    Mobile phone............................ 7
    TV Licence.............................. 13
    Satellite/Cable TV...................... 0
    Internet Services....................... 0
    Groceries etc. ......................... 390
    Clothing................................ 100
    Petrol/diesel........................... 0
    Road tax................................ 0
    Car Insurance........................... 0
    Car maintenance (including MOT)......... 0
    Car parking............................. 0
    Other travel............................ 80
    Childcare/nursery....................... 0
    Other child related expenses............ 0
    Medical (prescriptions, dentist etc).... 79
    Pet insurance/vet bills................. 0
    Buildings insurance..................... 0
    Contents insurance...................... 30
    Life assurance ......................... 0
    Other insurance......................... 0
    Presents (birthday, christmas etc)...... 0
    Haircuts................................ 30
    Entertainment........................... 0
    Holiday................................. 40
    Emergency fund.......................... 20
    Total monthly expenses.................. 1708



    Assets

    Cash.................................... 0
    House value (Gross)..................... 0
    Shares and bonds........................ 0
    Car(s).................................. 0
    Other assets............................ 0
    Total Assets............................ 0


    No Secured nor Hire Purchase Debts


    Unsecured Debts
    Description....................Debt......Monthly...APR
    Total unsecured debts..........0.........0.........-



    Monthly Budget Summary

    Total monthly income.................... 2,000
    Expenses (including HP & secured debts). 1,708
    Available for debt repayments........... 292
    Monthly UNsecured debt repayments....... 0
    Amount left after debt repayments....... 292


    Personal Balance Sheet Summary
    Total assets (things you own)........... 0
    Total HP & Secured debt................. -0
    Total Unsecured debt.................... -0
    Net Assets.............................. 0


    Created using the SOA calculator at https://www.makesenseofcards.com.
    Reproduced on Moneysavingexpert with permission, using other browser.
  • JCS1
    JCS1 Posts: 5,338 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    How much does the other adult in the household contribute?

    With your income varying, it may be better to work out an average income for the last say 6 months and use that figure.

    It also states that you have car, but there are no expenses relating to this on the outgoings?
  • Ineedaname
    Ineedaname Posts: 3,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The car appears paid for totally through the business JCS, although I'm wondering where personal use petrol costs come from.
    When I joined, I needed a name. The forum members gave one to me...I am INAN :D
    "Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.