Advantages Of An IVA
The lack of stigma or publicity attached to bankruptcy.
If the client runs a company, it can continue to trade and provide income to fund the IVA.
An IVA can be drawn up to meet the client's situation, so that assets such as the family home can be excluded so long as the creditors agree, e.g. because overall they will be better off than in bankruptcy.
Creditors should receive higher payments than they would in a bankruptcy.
Unsecured creditors who voted against the IVA will still be bound by it.
The client is not subject to the restrictions imposed on bankruptcy and so can still be a company director and obtain credit for the business.
One reduced monthly payment to your creditors.
A court order will stop any legal action by your creditors.
Telephone calls and letters from your creditors will stop.
Interest and charges are stopped, so the spiral of debt is halted.
Fixed repayment method (normally 5 years) at the end of which all your debts are discharged.
All unsecured creditors, to whom the IVA proposal is sent, are bound by the arrangement, even if they do not agree to the proposal, providing 75% of your remaining creditors in value agree to the proposal.
Unlike bankruptcy, details of an IVA are not openly published: it is a confidential arrangement between you and your creditors. Employers and landlords are not informed.
Disadvantages Of An IVA
Where contributions from income are being made, IVAs are generally expected to be for a period longer than that in bankruptcy, i.e. 5 years as opposed to 3 years. The 5 year period is often required by creditors as a bargain for allowing the Debtor (person who owes the money) to avoid the consequences of bankruptcy.
If the Debtor fails to comply with the terms of the arrangement, his home and assets can still be at risk if they have not been specifically excluded from the proposals.
If the IVA fails as a consequence of the Debtor not meeting his obligations under it, it is likely that the Debtor will be made bankrupt at this time. There will be no opportunity for a Trustee in Bankruptcy to investigate the actions of the Debtor or possibility of hidden assets.
The client should have a minimum of three unsecured creditors and unsecured debts of at least £15,000 for an IVA to be a suitable option.
The costs of an IVA are relatively high and may have to be paid in advance.
Assets are at risk if the creditors do not agree to exclude them.
The client will be closely monitored by the supervisor during the period of the IVA and will have to report any changes of circumstances.
IVAs are a matter of public record and so future applications for credit could be affected. Your credit rating will be affected for 6 years.
If the Debtor owns a property & during the period of the IVA the property has equity available, then the creditor can insist that some of this equity be released to further help settle the debt. This usually happens in the third or fourth year of the IVA.
