Many people have discovered that making an IVA (Individual Voluntary Arrangement) with their creditors has enabled them to get out of debt. Although it generally takes five years before debts are written off, and during that time it is necessary to make regular monthly repayments towards reducing the debt, this is much less time that it would take if interest continued to compound and the full amount of the debt had to be repaid.
In order to set up an IVA it is necessary to work with an Insolvency Practitioner in order to develop a proposal which will offer to make repayments to your borrowers at a specific level. This might be presented to a court of law if you are under an immediate threat of bankruptcy, and it will be issued to the individual unsecured creditors. A meeting between yourself, your creditors and your Insolvency Practitioner will be held and at that meeting your creditors will vote on whether or not to accept the proposal. If at least 75% of your borrowers as measured by the amount of money they are owed agree, then the IVA becomes legally binding.
Once the IVA is in place it is essential that you make and maintain the agreed payments which have been calculated based on what you car reasonably afford to pay. The money to the individual borrowers will be distributed from your IVA account and you need make only one repayment tailored to your circumstances every month.
It is extremely important that you manage these repayments for if you don’t then there is a danger that your IVA will be terminated and that your borrowers will then proceed to force you into bankruptcy which could result in your losing your home. In some circumstances, however, it may be possible to renegotiate the terms of your IVA.
It is important to realise that your unsecured debts will not be written off until the IVA has been successfully completed, that you may have to release equity in your home, and that you will only be protected from legal action by your borrowers if you manage your IVA responsibly and maintain the agreed repayments. Finally, your IVA will remain on your credit report for six years.

Mon, Aug 23, 2010
0 Comments