IVA Procedure


by Andrew Gorton - Date: 2006-12-16 - Word Count: 433 Share This!

An IVA can enable you to write off 75% of the unpaid balance of your debt. It also gives you an option of an affordable payment per month usually for a period of five years. Further, if you bank account is overdrawn, you can open a new account at a different bank.

So what happens when a debtor fails to pay back his debt after the IVA?

The assets of the debtor can be at risk and this can also lead to bankruptcy. The creditor is also benefited in case of an IVA. This method is simple and the creditors can recover their debt in a better way. The cost of administration is also less than bankruptcy and thus the creditors can receive higher returns. Moreover, the creditor can claim tax relief on the bad debt.

In certain cases, an arrangement called the Fast Track Voluntary Arrangement (FTVA) is used. In this arrangement, the IVA is proposed only after you have been made bankrupt. The official receiver in FTVA can also be nominated as the supervisor. The FTVA is a very uncommon arrangement and is rarely used. In addition to the FTVA, the Protected Trust Deed is used in stead of the IVA. The protected trust deed is similar to the IVA, but it is valid for a period of three years only.

What is the procedure of filing an IVA?

The procedure starts with submitting a proposal to the court to obtain an Interim Order. You should ensure that this proposal is realistic in nature. The court then grants the Interim Order which prohibits the creditors from taking any action against you. You should then make disclosures of all your assets and debts, including the ones from your relatives. A notice is circulated to the creditors informing them about the date and location of voting.

You have to provide various details while filing for an IVA. These details include nominee's comment on proposal, list of your assets by statement of affairs, complete list of creditors, there should be guide to the fees charged by the supervisor, a form of proxy, etc. For a successful IVA, you should offer higher returns to the creditors. There should be an honest declaration of your assets.

The IVA has been very beneficial for debtors in the UK and hence it is so popular. Nobody wants to get bankrupt and the IVA provides a way to the debtors to avoid bankruptcy. Moreover, this procedure is very simple and hence is preferred over other complex options. The debtor can also hold public offices and live his regular life and earn income to repay the debt.


Related Tags: bankruptcy, debt consolidation, debt help, iva, iva advice, iva information, iva procedure, ivas

Andy Gorton Fresh Finance

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