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Debt Questions Answered

  1. What is an IVA?
  2. What is Bankruptcy?
  3. How much will it cost?

 

1. What is an IVA?


IVA stands for “Individual Voluntary Agreement”.

An IVA is a formal arrangement made between you and your creditors, which creates a legally binding contract between you and your creditors. They agree to accept less than 100p in the pound. In an IVA you agree to pay a single reduced affordable monthly payment for a period of between 3 – 5 years.

If the creditors agree to the IVA they will not be able to pursue you for further payment after the 3 – 5 year period has expired.

IVAs are usually only considered where you have a reasonable level of surplus income available per month calculated by excluding what the creditors expect to receive each month.

We will be able to advise you on whether an IVA is suitable for you.

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2. What is Bankruptcy?


In brief, bankruptcy is a declaration to your creditors that you are unable to pay your debts as and when they fall due. The office reciever or a Trustee in Bankruptcy is appointed by the court to take over the handling of your financial affairs for the benefit of your creditors.

After 12 months, subject to an assessment by the Trustee in Bankruptcy, you will be discharged from Bankruptcy. However, you will continue to be required to make income payments for 3 years if the Trustee in Bankruptcy assesses that you are able to afford to do so. Any assets you own at the date of your Bankruptcy will vest in the Trustee in Bankruptcy.

Whilst you are an undischarged bankrupt you will not be able to operate a bank account or be a Director of a Limited Company. There are certain jobs that you will not be able to undertake if you are bankrupt.

Provided you include all your debts in your bankruptcy petition, the creditors will no longer be able to pursue you for payment directly.

We will be able to advise you on whether this is a suitable option for you once we know what your financial position is and your personal circumstances.


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3. How much will it cost?

We can provide you with a free initial assessment of your financial position and advise you on how best to proceed.

All you need to do is complete Debt Questionnaire and we will contact you once we have considered your circumstances.

 

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Note:

This information is not intended to be definitive. Everyone's circumstances are different and we will be able to advise you given your particular circumstances.

 
Last updated on: 11 March, 2008
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