What Is An IVA?

An Individual Voluntary Arrangement (IVA) is an alternative for people looking to avoid bankruptcy; it is an agreement with the creditors of an individual looking to continue to pay their debts but, due to a change in financial circumstances, can no longer make the originally agreed repayments.

The circumstances of the individual's are considered in making the agreement and are flexible based on a mix of capital, income and other payments. For an IVA to go ahead, creditors will make a decision via a vote which must see over 75% agreement.

An IVA can be used as an alternative to bankruptcy; however they are not mutually exclusive. If an individual has filed for and been made bankrupt they can still arrange to apply for an IVA which would require approval of a proposed IVA and a Court annulment of the bankruptcy order.

The advantages and disadvantages of an IVA are dependant on the circumstances of the individual debtor, professional advice is usually sought to decide upon the best option. An IVA will not automatically restrict the debtor from obtaining credit but a proposal usually will.

With an IVA, unlike with bankruptcy, an individual will not have to reveal anything, but some lenders will typically ask. An IVA will not be viewed as bad as bankruptcy by creditors as it shows a commitment to repayment nevertheless the existence of an IVA in the first place would suggest poor credit on behalf of the debtor and both will stay on the individual's credit file for 6 years.

Once a creditor has agreed on an IVA proposal they are bound by the decision and cannot take any enforcement action to recover the debt. Unlike bankruptcy, an IVA proposal will often exclude the property of a debtor or in some cases propose a re-mortgage or off some income based contributions in light of the debtor's equitable interest in the property.

Are you struggling to afford you debt repayments, then visit The Debt Advisor to see if you could qualify for anIndividual Voluntary Agreement.