What Is An IVA?
An Individual Voluntary Arrangement (IVA) is an alternative for people looking to avoid bankruptcy; it is an agreement with the creditors of an individual looking to continue to pay their debts but, due to a change in financial circumstances, can no longer make the originally agreed repayments.
The individual’s circumstances are taken into account to make the agreement flexible and are based on a mixture of capital, income and other payments. When proposed, creditors will make a decision via a vote which must see over 75% agreement for an IVA to go ahead.
An IVA, although not mutually exclusive, can be used as an alternative to bankruptcy. A person can apply for an IVA which requires approval and a Court annulment of the bankruptcy order if they have filed for and been made bankrupt.
An IVA can have advantages and disadvantages depending on the situation of the individual debtor, professional advice is usually required to choose upon the best option. An IVA will not automatically limit the debtor from attaining credit but a proposal usually will.
Unlike with bankruptcy, an individual will not have to disclose the fact they have an IVA but some lenders will usually ask. An IVA will not be viewed as bad as bankruptcy by creditors as it shows a commitment to repayment however the existence of an IVA in the first place would suggest poor credit on behalf of the debtor and both will stay on the individual’s credit file for 6 years.
Once a creditor has agreed on an IVA proposal they are bound by the decision and cannot take any enforcement action to recover the debt. Unlike bankruptcy, an IVA proposal will often exclude the property of a debtor or in some cases propose a re-mortgage or off some income based contributions in light of the debtor’s equitable interest in the property.
Are you struggling to afford you debt repayments, then visit The Debt Advisor to see if you could qualify for anIndividual Voluntary Agreement.
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