IVA – Individual Voluntary Arrangement

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Since its conception in the 1980s, an individual voluntary arrangement has been an increasingly popular option for individuals that have a debt mountain that they are finding difficult to climb. Initially, IVAs were set up to help businesses facing bankruptcy but they became popular with members of the public once their advantages became more widely known. An IVA is an agreement that an individual makes with their creditor(s) as a way of avoiding bankruptcy. The individual will negotiate with the creditor(s) either a monthly payment over the course of up to five years, or a lump sum from the sale of goods or the remortgage of property. The creditor(s), for their part of the arrangement, would then write off the remainder of your debt. The reason so many people are setting up IVAs every year is down to the huge benefits that can be had if you are finding it difficult paying back your debts. Once you enter into an agreement, all interest and late payment charges are frozen for the duration of the agreement, plus you are unable to be taken to court by your creditors and once the full amount of the debt is received by your creditors, your credit rating will improve. If you have amassed a large number of credit and debit cards, store cards, catalogue debts, overdrafts and personal and business loans, an IVA may be your best option to possible reduce your debt by up to 75%. Though you must be in a position to be able to afford either a lump sum or a monthly payment of at least $300 per month. An IVA must be proposed by an insolvency practitioner to your creditors on your behalf. Charges for insolvency practitioners differ, but it is common for fees to be taken from the monthly payments that you make if that is how you choose to settle your debt. Before committing to any one insolvency practitioner, always search the internet for recommendations and speak to friends or family to find a reputable practitioner as the last thing you need in this situation is to lose money. $20,000 is commonly the minimum amount of debt you need in order to qualify for an IVA. The most important point to consider is that 75% of your creditors, that is, the creditors that own 75 per cent of your debt, must agree to the terms negotiated in the individual voluntary arrangement; if fewer than 75% agree, then you will have to consider other alternatives to protecting your solvency. If the remaining 25% do not agree, they are legally bound to the arrangement anyway.

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