| |
Personal
Solutions
As you have decided to seek advice, you will probably want
to establish which of the following is the best way forward.
(1) Informal agreement with your creditors
(2) Individual Voluntary Arrangement ("IVA") with
your creditors
(3) Bankruptcy
| |
(1) |
The first option should be the least expensive
route if you can achieve the following |
| |
|
(a) Confidence in your own ability to implement
the solution once it is identified.
(b) Convince all your creditors that what is on offer
is better than any other option.
(c) Convince them to participate and be certain they will
not change their stance.
|
| |
(2) |
In summary, this a formal contract
between you and your creditors which provides a better
financial outcome for them than they would achieve by
making you bankrupt and an overall outcome which you
deem preferable to bankruptcy.
|
| |
(3) |
Not necessarily the last resort as possibly
less stressful and expensive than either of the above.
|
Personal Insolvency – Individual Voluntary
Arrangements (“IVAs”)
Frequently Asked Questions
| What
does an IVA achieve? |
|
Provided 75% of your creditors (each
£1 of debt equates to one vote) accept your Proposal
(which is usually drafted with your advisor’s assistance)
then provided you comply with its terms, unsecured creditors
cannot take any legal enforcement action against you.
|
| How
long will the IVA last and what will it cost? |
|
IVAs are very flexible but creditors
usually expect them to be for 3-5 years, depending on
what your debts are and what dividend you are proposing
to pay. You do not have pay 100p in the pound but your
offer almost always has to be better than the dividend
they would receive if you were to be made bankrupt.
There are two charges; (1) the Nominee’s
fee to obtain an Interim (Court) Order, if appropriate;
assisting you with the preparation of your Proposal;
convening and holding the creditors’ meeting. Fees vary
but for a ‘simple’ IVA Proposal they would not exceed
£2,000 plus VAT and disbursements. (2) The Supervisor’s
fees (the person appointed by creditors at the meeting
– usually the Nominee but not necessarily so) are set
out in the Proposal and agreed by creditors and are
paid out the assets introduced into the IVA.
|
| What
are the main non financial implications? |
|
You can continue to trade, if self
employed, without interference provided you comply with
the terms of the IVA. The IVA is not advertised locally
but there is a national register where all IVAs are
recorded and details are available to the public. Obtaining
credit (for example to remortgage) is more difficult
but not impossible. Trade creditors will often continue
to supply, albeit perhaps on different terms initially.
|
| Comparisons |
|
|