IVA – Individual Voluntary Arrangement
As an increasing amount of people face ever-mounting debt, some have started to consider individual voluntary arrangements (IVAs) as a way of avoiding bankruptcy. First created in the 80s to help businesses avoid bankruptcy, they are now also available to individuals who are unable to solve their financial problems. 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. Thousands of people enter into IVAs each year because you can cut your debt by up to 75%, all interest and late payment charges are frozen, you are protected from court action by your creditors and, once your repayments have been completed (this is generally over no longer a period than five years), your credit rating will be repaired. 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. In order to set up an IVA, an insolvency practitioner must propose the agreement to your creditors; you are not able to propose it yourself. The charges that these insolvency practitioners charge you will vary, but most will take their fees from your monthly payments. It is always good practice to shop around for recommended insolvency practitioners as if up front payments are made and the agreement falls through then you have wasted money you have not got. To qualify for an IVA you will need to have a minimum of around $20,000 debt. Also, 75% of your creditors (in monetary terms) must agree to the terms and repayment scheme of the IVA. So long as 75% agree, those who do not agree will be legally bound to accept it. However, if less than 75% agree, the IVA will fail. If that happens then you can change the terms of the IVA and try again, though this will involve paying more fees to your practictioner.
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