Debt Solutions – Individual Voluntary Arrangement (IVA)
Written by Dr. Wealth on September 5th, 2010
An Individual Voluntary Arrangement, often referred to as an IVA, is a legal and binding agreement between you and your creditors (those to whom you owe money). Every month, you will make a payment of a set amount, for a period of up to five years. To determine what the set payment will be, the parties to the contract will review your financial situation as well as the total debt owed, and arrive at a number that the parties feel is fair. If there is any outstanding debt after you have made all of the required payments, the creditor is to consider the debt settled and accept the outstanding amount as a write-off.
An IVA is not the same thing as a debt management service. It is a formal agreement between two or more parties, namely you and your creditors. Because this is a legal document, an insolvency practitioner should be consulted. An insolvency practitioner is someone who has been licensed to establish IVAs. An insolvency practitioner can review your current financial situation and advise you as to whether an IVA is a possible solution to your debt problems.
Based on the information that you provide and what is collected, a proposal will be created. This involves a list of questions that you need to answer that will help you figure out how much you will end up having to repay in the end. After everything is in order, both you and your proctor will review the terms set and sign the contract. Once the contract is filed with the court and is properly enacted, your creditors will halt any legal advances.
The next step is to schedule a meeting will all of the creditors. The insolvency practitioner will attend on your behalf as well. Most creditors do not attend the meetings, preferring to cast their votes for or against the proposal either by mail or fax. Each creditor is entitled to vote on whether the proposed IVA is acceptable. Whether the IVA will go into effect depends on the outcome of the vote. An affirmative vote from creditors who hold a total of at least 75% of your debt is required before the IVA is accepted.
However, this is not the end of the process and you will still require the aid of the insolvency practitioner. The practitioner will continue on with you, and monitor your payments to ensure that everything is being paid as necessary to each creditor. Many people have only paid 35% of their debt, with the remaining considered fully paid. Once you finish all of your monthly payments within the given span of time – which could be as long as five years – you will be fully relieved of all debts against you. The best part is the fact you will not lose any possessions or property.
Next : Insolvency Or IVA
This entry was posted on Sunday, September 5th, 2010 at 3:11 pm and is filed under Huh?. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
1 Comment at "Debt Solutions – Individual Voluntary Arrangement (IVA)"
This is a great way to work out a deal with your creditors. It has been my experience that you should never try to work with your creditors alone, but always seek professional advice to get the best deal. A professional in your corner is simply a must with the issues surrounding todays problems.
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