OA contact with Bankrupts? 29th July discharge date approaching

Stuboy said:
No you're right as far as I can remember, as I stated above, the OA must go to the court to seek an IPO, as the IPA is an informal agreement.
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Sorry, I thought you meant they would try to set up the IPO after you had been discharged.
 
TLO said:
Guys, IPOs are unusual. OA only goes to court for an IPO if it hasn't been possible to reach agreement on an IPA. Most payments are made through the IPA mechanism which is easy to mutually change, for example, if income drops. If Going forward is struggling under RLEs then maybe there is extra essential expenditure which needs to be brought to the OAs attention with a view to having the IPA amended.

How long is left on the current IPA? If it is due to end in a few weeks then Going forward should keep the head down. If the current IPA expires in a few weeks it is unlikely that the OA will have time to ask for an extension. Also, how long has the current IPA been in place for? IPAs are not supposed to last longer than 3 years.
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My point is that I believe, come the 30th of July, all discharged bankrupts could legally ignore an outstanding IPA. The only way the OA can avoid this is by securing an IPO before discharge.
 
A little over 2 years IPA paid and have just received from the ISI a bankruptcy payment order letter for payments up until summer 2017. I can either consent to order for same payment as im paying now or if i don't consent i can go before the court in the middle of this month to explain my objections to the court the letter states. I have to notify the ISI middle of next week of what im doing.

What do you think I should do.
 
Hi Going forward, this is sounding like the ISI has you scheduled in court for an Income Payment Order hearing, and have given you the option of consenting to the order prior to the hearing. You may want to consider getting professional advice from an Insolvency Practitioner. But this area of IPAs/IPOs is new to Ireland and people with experience are thin on the ground. Having said that, somebody like Jim Stafford or Anthony Joyce might be able to help.

If you have the stomach for it, it might be an idea not to consent, and take the opportunity to explain your hardship to a judge in an attempt to get a reduced order, or even better, no order at all. If you choose to go this route be prepared. Have all your income and expenditure identified, the SFS forms are great for this, and you never know, you might get a break. However, there is a small risk that it could go the other way and the judge imposes a higher a amount, but chances of this are small, and the judges have a track record of only ordering payments based on ability to pay when dealing with judgement enforcement cases, and when the defendant is present in court.
 
Hi TLO. Thanks for in depth reply yesterday. It is of great help and i appreciate it. I think im not going to consent and im going to the court and let the judge decide. If he says i have to go with an IPO i will and as far as imposing a higher amount he can try but its a struggle with the rle guidelines as is and every other cent of my wages is given over to the ISI so they can't get any more out of me other than blood and even at that doctors can't get that out of me so i wish them luck with that one.

Have paid a serious amount back in 2 years and don't get me wrong im not cribbing about that as im fortunate to have a job. Its not a high powered job just an ordinary joe soap job like i am. Just fustrating when you see big business men and the likes getting away with paying nothing back. And sorry in advance if that offends anyone. It is not meant that way.
 
Hi,

I could be wrong but not only are you unlikely to hear anything in run up but you may not hear anything on day or even post date.
You are just automatically discharged end of story.

If you are not going to be automatically discharged the court needs to go to the High Court to seek an extension beyond the 29th
With exactly 3 weeks remaining I would imagine one would surely have been informed by now if the OA was going to the High Court to seek an extension
 
Hi,

I have recieved correspondence from OA with relation to discharge on the 29th. Court hearing next week to go from an IPA to an IPO for a further 16 months.. No need to attend if i have no objection to it. Have kept everything in order for the 2 years of my bankruptcy and my IPA.

If i don't consent can the IPO be still put in place after the 29th.
 
Going forward said:
Hi,

I have recieved correspondence from OA with relation to discharge on the 29th. Court hearing next week to go from an IPA to an IPO for a further 16 months.. No need to attend if i have no objection to it. Have kept everything in order for the 2 years of my bankruptcy and my IPA.

If i don't consent can the IPO be still put in place after the 29th.
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Out of curiosity...did you receive your correspondence via post or email? All my contact from OA to date has been via e-mail. just wondering
 
Hi Stuboy,

Received correspondence from QA for discharge on the 29th by registered post. Up until that point all by contact too was via e-mail.
 
Going forward said:
Hi Stuboy,

Received correspondence from QA for discharge on the 29th by registered post. Up until that point all by contact too was via e-mail.
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Thanks for that.
What did OA say in letter regarding discharge on 29th?
Just in general terms, obviously anything personal or specific to your own case is your own business.
 
Going forward said:
Hi Stuboy,

Received correspondence from QA for discharge on the 29th by registered post. Up until that point all by contact too was via e-mail.
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Thanks, I recently moved address and forgot to inform the OA, hence the question.
 
Hi all

To answer Going forwards question in post #30, "If i don't consent can the IPO be still put in place after the 29th.". The answer is that it is up to the judge. If Going forward doesn't consent, and goes into court asking the judge to review the situation, the judge might decide that Going forward has paid enough, and that no IPO should be put in place. It then depends on the terms of the existing IPA if Going forward has to pay anything after 29 July, although if a judge has said no to the IPO then the OA would be foolish to try and subsequently enforce the IPA.

Other outcomes might be a reduced IPO or an increased IPO. Or the judge might vary the length of the proposed IPO. Maybe from 16 months to 12 months. Who knows?

The OA might come to regret giving Going forward to the opportunity to explain his/her circumstances in front of a judge. A properly planned and thought out approach might give Going forward a better outcome than would otherwise have been achieved.
 
Hi TLO,

Thank you for your informative post yesterday. My court date has been adjourned until further notice. And i believe the courts will be closed until October. Can you or anyone else tell me will i still be automatically discharged on July 29th and will i still be paying an IPO or IPA as i am now or can i stop paying once i have my July's IPA paid until i hear back from OA. Am i legally entitled to continue paying even thought i haven't consenting to anything.

Thanks again to you and everyone on this forum for all the help.
 
Hi Going forward

You will still be automatically discharged on 29 July, unless you have correspondence from the OA which suggests otherwise. If the OA wants to delay your discharge he needs to apply to the High Court, and you should have received written notice of the intention to apply.

You need to continue paying the existing IPA, an IPA lasts for 3 years, so it looks like you have a year to go. If you are struggling, it might be worth reviewing your RLEs to make sure that all expenses are taken account of. Just wait until after 29 July before doing so. You are already on the radar of the OA, and there is no point in drawing further attention prior to discharge.

The OA is entitled to continue to seek an IPO after your discharge because he has started the process prior to your discharge. But it looks like a pointless exercise as you have been paying your IPA all along.
 
About 20 bankrupts were dealt with at the normal weekly sitting in the High Court today
It looks like most were to deal with payment orders although Sean Dunne had his bankruptcy period extended so that aspect being dealt with also.
Will be two more Monday sittings pre 29th but I'd be surprised if anyone who will be dealt with at these hasn't been notified.

You'd have to be given some time even if was only to get bank statements, salary slips etc
 
Hi guys, this thread is great..it's very hard to find any info on the upcoming discharge. My question is this. I currently have an IPO, running until 2019! Under the new laws-IPA lasting 3 years from date of adjudication, will this also apply to IPOs? I know I would need to go to court to amend this but wondering if I would even be entertained?
 
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