Can I get a personal insolvency arrangement ?

ontheedge

Registered User
Messages
3
Age:
45
Spouse’s/Partner's age:
38

Annual gross income from employment or profession:
E32,000
Annual gross income spouse:
E25,000

Type of employment:
Private sector and self employed spouse

Expenditure pattern:
We are both generally 'spenders and small savers'

Rough estimate of value of home
E480,000- 520,000
Mortgage on home
E500,000 - we've been paying 1500 per month by arrangement with BOI went through MARP.
Mortgage provider:
BOI
Type of mortgage: Tracker, interest only, fixed rate
Tracker ECB + 1%
Interest rate
Tracker of ECB + 1 %.

Other borrowings – car loans/personal loans etc
Personal loans from failed business 23,000
Paying 250 per month by arrangement with 3 creditors 100 100 50
Do you pay off your full credit card balance each month?
No credit cards

Savings and investments:
E12,000 savings in credit union

Do you have a pension scheme?
I only started one , 4% from myself 1280 and 8% from employer 2560- total 3840 per year
Spouse = no pension

Do you own any investment or other property?

Yes 2 properties

House BTL
value 280 k
mortgage 305k
Rent 1300 pm
on interest only at ECB +1.25% CIRCA 389 PM
BACK TO CAPITAL AND INTEREST IN APRIL 2016 PROJECTED PAYMENT 1500 PM


SHOP UNIT
Value 200k
mortgage 325k
rent 1500 pm rent in 3 months arrears not 100% stable going forward
PTSB 4.7%
monthly payment of 1900 by arrangement - subsidizing by 400 pm
insurance 1600 per year subsidized also



Ages of children:
10 & 8

Life insurance:
Yes.

What specific question do you have or what issues are of concern to you?
I built up the above properties in the crazy days of the credit bubble. I originally bought the BTL as my home in 1999 and then re mortgaged it to buy a shop I had my business in. As my kids came along I bought my second house in the area I grew up in and let out the first house ,re mortgaging as I went on.
Then the crash , my business failed but I managed to let the shop out and paid my adjusted mortgage , but as the hard years came in ,rents halved in that area and things became unsustainable. I have stabilized the situation with all my creditors and things are ticking along, but I think maybe I should try clear the decks with the aim of keeping my home and giving up the other properties.full payments due on BTL from April 2016.
I returned to college in 2011 and have nearly completed an engineering degree part time, I have been offered a job for the above salary in a company with good prospects for a future career and feel like these properties shackle me somewhat.
I am considering a PIA but I am not sure how this would play out ,any advice welcome
BOI hold mortgage on home and BTL, PTSB hold mortgage on shop. 11k of personal loans are BOI also .
Thanks in advance.
 
Does anyone know if I would be able to enter a PIA ? Would my partner also have to enter a PIA as she owns half of the home and is on the mortgage ,
Thanks ,
Mods if I'm in the wrong section can you move my post thanks
 
So you are currently not earning as you are a student? I would have thought the best time to go thru an insolvency was when you are not earning any money.

How come the bank allows you to pay interest only on the BTL when the rental income is so good.

The business debts, are they personal, as in were you not a company?

In relation to the PIA, why don't you go see an expert. There are plenty of them who post on here. Or contact the insolvency service, they are twiddeling their thumbs so they should have plenty of time to give you advice.

It is clear you need to do something to sort out your situation.
 
Hi Bronte , thanks for your reply. I will start full time employment in September and continue to study part time. The BTL was re mortgaged in 2006 on a 10 year IO mortgage , due to revert to full capital and interest in mid 2016. I was a sole trader from 1998-2010 so I am liable for all debts.
Can you recommend a PIP ? I am worried that if I go down the PIA route ,it will be rejected by BOI and I would be forced into bankruptcy, just wondering does anyone know how a PIA would play out on the above info. Would my partner have to enter PIA also as she owns half of the family home and is on the mortgage. Does a judge decide on the PIA now or could BOI still block it ?
Thanks.
 
A judge will ultimately decide on the PIA - but a PIA must be considered viable by the judge and capital plus interest repayments on a 500K mortgage (even if it is a tracker) on your current joint income doesn't look viable.

If you give up the family home BOI can then veto a DSA.
 
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