A Guide To Individual Voluntary Arrangements
If your debt has grown beyond your control, an Individual Voluntary Arrangement, or IVA, could be the solution that saves you from bankruptcy. While there are advantages with an IVA, there are many disadvantages as well, so it’s best to investigate all of your options carefully before deciding on a plan.
To qualify for an IVA, you must be at least 15,000 in debt and you must have a regular income. If your income doesn’t leave anything left over after your essential monthly bills, bankruptcy may be the better option. An IVA is a legally binding agreement arranged through an insolvency practitioner between you and your creditors, and can last for up to five years.
With an IVA, your insolvency practitioner meets with your creditors and presents them with a plan of repayment. The creditors will usually agree to plan to reduce your debt to pence per pound, sometimes up to 75% less than the original debt. At least 3/4 of your creditors must agree to accept the plan for it to become legal. If they don’t, the practitioner must amend the terms until an agreement is reached. Once it is approved, you pay a monthly sum that is split between the creditors. Part of the insolvency practitioner’s fees will come from that monthly sum.
To a debtor, an IVA’s advantages can be great. Unlike bankruptcy, those in an IVA do not risk losing their home. Your debt is usually reduced by a large amount, you pay no interest fees, get no calls from creditors, and the fees charged by the insolvency practitioner are usually less than the fees you would pay in bankruptcy. Payments you make toward your debt are income based, and can fluctuate with your income. Although both a bankruptcy and an IVA stay on your credit report for six years, an IVA looks better to future creditors and carries fewer stigmas. During an IVA, you are allowed to apply for credit.
One of the disadvantages of an IVA is the expense; while it’s less expensive than bankruptcy, the insolvency practitioner fees will be costly, and other forms of debt solution might be cheaper. Another problem that many people find difficult is that throughout the IVA, your finances are closely monitored. You will have to explain any unusual activity and any extra monies you receive during the period will have to go toward the IVA, including work bonuses and inheritances. If you should fail to meet the requirements of the agreement, you may be forced into bankruptcy.
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