IVAs & Bankruptcy 
Choose from the
following topics:
What is an Individual Voluntary Arrangement (IVA)? <
How and why would a creditor accept a lower
amount?
What do I have to pay for this advice?
The Advantages of an Individual Voluntary
Arrangement
The Disadvantages of an Individual Voluntary
Arrangement
The Advantages of Bankruptcy
The Disadvantages of Bankruptcy
The IVA Process
What is an Individual Voluntary Arrangement
(IVA)?
An IVA is a legally binding agreement between an individual and
their creditors. It provides a mechanism by which an individual
struggling with a high level of personal debt can clear all their
debt.
Typical IVAs last for 5 years and are contribution
based. This means that the individual makes regular contributions
out of income. IVAs do however take different forms.
Generally speaking if what is being proposed
by the individual will provide creditors with a better outcome than
would be achieved in bankruptcy, then creditors will consider any
reasonable offer. The repayment proposal is always based on what
you can afford to pay during the time agreed.
In a contribution based IVA you are required
to make regular monthly repayments for the term of the IVA. The
proposed payments can be significantly less than the full amount
of the debt owed, but your creditors would be accepting the offer
in full and final settlement of their claim.
This means that after this term any balance remaining
on your debts is written off.
Once agreed, an IVA will also prevent creditors from adding any
further interest to your debt or taking any further action such
as obtaining County Court Judgments.
The suitability of the IVA solution will depend on your personal
circumstances. We will advise you on this. Normally your personal
debts must be above £15,000.
An IVA must be supervised by a licensed insolvency
practitioner who is responsible for negotiating with your creditors
and regularly reviewing your circumstances.
Homeowners may be required to release a proportion
of the equity in their home and contribute this to their creditors,
or perhaps to provide alternative or third party funds to the same
value.

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