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IVA — Individual Voluntary Arrangement:

The advantages of an Individual Voluntary Arrangement IVA include:

  • The lack of stigma or publicity attached to bankruptcy.
  • If the client runs a company, it can continue to trade and provide income to fund the IVA.
  • An IVA can be drawn up to meet the client’s situation, so that assets such as the family home can be excluded so long as the creditors agree — eg, because overall they will be better off than in bankruptcy.
  • Creditors should receive higher payments than they would in a bankruptcy.
  • Unsecured creditors who voted against the IVA will still be bound by it.
  • The client is not subject to the restrictions imposed on bankruptcy and so can still be a company director and obtain credit for the business.
  • One reduced monthly payment to your creditors.
  • A court order will stop any legal action by your creditors.
  • Telephone calls and letters from your creditors will stop.
  • Interest and charges are stopped, so the spiral of debt is halted.
  • Fixed repayment method (normally 5 years) at the end of which all your debts are discharged.
  • All unsecured creditors, to whom the IVA proposal is sent, are bound by the arrangement, even if they do not agree to the proposal, providing 75% of your remaining creditors in value agree to the proposal.
  • Unlike bankruptcy, details of an IVA are not openly published: it is a confidential arrangement between you and your creditors. Employers and landlords are not informed.

 

This page last update: 21 Apr 2009, 14:35:37
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