Is an IVA right for me?
That is for you to decide, but here are the main "pros and cons" of the situation: -
Pros
- Compared to Bankruptcy, there is less stigma attached to an IVA.
- Any businesses you have may continue trade. Unlike bankruptcy, people who go for an IVA may remain in their professions without any need to need to resign.
- So long as you keep to the terms of your IVA, you decide which of your assets are sold, although the Insolvency Practitioner will probably make suggestions.
- Unlike bankruptcy, you can normally keep your house.
- As long as 75% of your creditors (by value) are in favour of your proposed IVA, all creditors will thereafter be bound to the rules of the IVA.
- Most creditors realise they are not going to receive what is owed to them. An IVA costs less to administrate than bankruptcy so this means they may receive a higher payment than if you became bankrupt.
- People who opt for an IVA can operate a current bank account, albeit without an overdraft facility.
Cons
- Most IVA's last for 5 years. Bankruptcy normally lasts 12 months.
- You should generally have unsecured debts of at least £15,000 and creditors who represent at least 75% of the money owed, must agree to your IVA.
- Though it is rare, you do run the risk of being made bankrupt. Should you fail to keep to the terms of your IVA, your creditors can apply for a bankruptcy order or they could decide to sell off more of your assets.
- The IVA repayments are generally high.
- The details of your IVA are recorded in a public register, which will affect your credit rating.
- The Insolvency Practitioner will supervise your finances.
Remember, just because an IVA may not be suitable for you, it doesn't mean nothing can be done. A Debt Advisor can usually help no matter what your debt problems are.
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