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Should I fail my IVA and go bankrupt

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  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Then I am afraid to say that the OR will probably ask you to rent as secured loans do not go into the BR and you will have to continue to pay them unless they become unsecured ie: the bank repo.'s and sells the property, then all costs will go into your BR.
    BSCno.87
    The only stupid question is an unasked one
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  • debtinfo
    debtinfo Posts: 7,012 Forumite
    The biggest problem you may have with keeping the property, is then when they work out how much you need to pay, one thing they are allowed to do is limit the amount you can put aside for paying the mortgage and secured loan to the amount of what a local rent would cost. which in your case could lead to your payments being more than what the IVA is now

    So although they wont repossess the property themselves probably, you may be left in a position where you cant pay the mortgage and secured loan fully leading to them repossessing later. The main way round this is in some cases is if the wife has sufficient income to make up that shortfall, could that happen in your case
    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.
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