Sunday, April 11, 2010

Can IVAs Really Prevent Bankruptcy?


By Edwood Woodward

An IVA (Individual Voluntary Arrangement) can be defined as an officially binding settlement between yourself, and your creditors. An IVA can be taken when there is no other option left for you to pay off your debts.

An IVA provides you with the basic advantage of being able to gain protection from your creditors against any recovery action aimed at extracting money from you. The government in 1986 as a part of the Insolvency Act introduced the IVA. This action offered protection, and help to people who were in serious debt.

With the assistance of a licensed insolvency practitioner, you figure out what amount of debt you can pragmatically come up with to pay back over a certain period, which is often 3 to 5 years. If three-quarters of your creditors concur, all your debts, and the future interest on them will be frozen at the time that the IVA proposal is agreed. IVA functions by providing you protection from you creditors through an interim order. Your creditors are thus stopped from legally recovering money out of you.

It is true that an IVA functions as an alternative to bankruptcy. Your IVA can launch only if your creditors are flexible, and willing to listen to you. The creditors would expect to be paid their money within the period suggested. They will also expect certain conditions to be contained within the agreement that allows them to take action if the IVA fails to get off to a good start. There are solutions available, and one should not panic.

There is a particular procedure that needs following. The creditors decide on the offer that the debtor plans at the creditors meeting. In most of the cases, if more than 75% of the creditors vote in support of the offered suggestion the IVA will be applied. Creditors contain the right to make changes to the given proposal if they are willing to; however, the debtor should try his/her best not to have those alterations imposed on them. By law debtors do not need to attend this meeting of creditors; however, it is better to attend the meeting, so that they will get an idea of ways to deal with the creditors at later stages.

By using an IVA, the debtor will still be able to keep their homes if they maintain their repayments; but bankruptcy may take them to severe consequences like bank account closure, loss of potential assets, etc.

If you are availing an IVA, usually a certain amount of the debt you owe them may be forgone by most of the creditors, and in some cases, at the end of the agreed period your debts may be written off, provided you keep up with the allocated monthly IVA payments, as the contract states.

If you maintain the regular monthly payment that has been agreed upon, an IVA can prove to be of great benefit for you, and you will be able to get rid of the debt within five years, or even less.

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