What is
the process?
An IVA has to be set up by a licensed Insolvency Practitioner (IP).
An Insolvency Practitioner will initially assess your financial circumstances
in order to make an assessment as to whether an Individual Voluntary Arrangement is the right
path for you. You'll get a FREE impartial consultation to determine the best solution to your debt problem. 1.
Preparation of IVA proposal
If it is determined that the Individual Voluntary Arrangement route is
the most appropriate route for you, the first step will be the
preparation of your IVA proposal. An insolvency practitioner will
prepare a statement of your affairs which will contain details on your
personal circumstances, current financial situation and how you
propose to repay your debts. The Insolvency
Practitioner appointed to your case will collect information from you
such as the background to the debt, the number and details of your
creditors (people and companies you owe money to), what assets
you have, your monthly income and expenditure. Based
on this fact find, the Insolvency Practitioner will draft a proposal
to your creditors detailing how much you propose to repay each month.
With an IVA all your current debts will be combined and you will make
one monthly repayment which will be set at a realistic level you can
afford without discomfort, and at a level which will enable you to keep up the payments for
a period of five years. Once the proposal has
been finalised you will need to read it and sign it once you are totally comfortable with
its contents. 2. Interim order When the IVA proposal has been finalised and approved by you,
the insolvency practitioner will file an Interim Order with the court
in order to protect you from bankruptcy proceedings or any other legal
enforcement. 3. Copies of IVA proposal sent to
creditors / creditors meeting held Copies are sent to each of the creditors
once the IVA proposal has been signed by yourself (nominee) and also by the Insolvency Practitioner who is
appointed to your case. The creditors are given around two to three weeks to review and respond to the proposal. A
meeting of the creditors is then held to vote on the proposal. The Insolvency Practitioner
assigned to your case acts as the chairman of this meeting. There
doesn't tend to be a real meeting, usually creditors cast their votes in advance by fax or by post.
Creditors have the option to 'Approve', 'Reject' or 'Approve with modifications'.
If 75% (by value of debts) creditors who vote approve the IVA, then it is approved for all creditors. 4.
Approval
If the IVA proposal is approved it will run for a five year (60 month)
period. During this time you will make payments on a monthly basis
into a fund which is supervised by the Insolvency Practitioner. The
monthly amount you pay will be divided amongst your creditors. No further interest will be
charged and providing you stick to the agreement, at the end of the 5
year period, any outstanding debt will be written off (which could be
as much as 75%, depending on your circumstances) and you will be free of debt.
Simply complete our no obligation
enquiry
form to get FREE professional and impartial advice from a licensed Insolvency
Practitioner, so
you can be sure that you have all the facts and are choosing
the best debt management solution.
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