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.
You must owe at least 15,000 in unsecured debt to qualify for an IVA. Additionally, you must have a regular income that allows you to make monthly payments toward your debt, after all your other monthly bills have been paid. If you can’t afford a monthly payment, you may have to enter into bankruptcy. An IVA will become a legal agreement between you and your creditors, set up by an insolvency practitioner, giving you up to five years to repay your debt.
An insolvency practitioner will set up a meeting with your creditors and devise a plan for the repayment of your debt. Often, an insolvency practitioner can convince your creditors to accept a plan that erases up to three quarters of your debt. For the agreement to become binding, more than 75% of your creditors must agree to the plan. The first proposal is usually declined, and the practitioner will have to find a solution that the creditors will accept. Upon approval, you will then make a monthly payment to be divided amongst the creditors, with a portion going to pay the insolvency practitioner’s fee.
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.
Although less costly than bankruptcy, compared to other debt solutions, an IVA can be expensive. Insolvency practitioner fees are high. If you choose this method, be prepared to have your finances closely scrutinized for the duration, and be prepared to explain any income anomalies to the insolvency practitioner. Also, be prepared to hand over an extra money that comes your way during the agreement, like pay bonuses or inheritances. If you should fail to meet the IVA terms, you may be left with bankruptcy as your only alternative.
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