An Individual Voluntary Arrangement, or IVA, is a financial agreement which legally binds both you and the entities you owe money to. Depending on how you are holding up financially, and how much you still owe on your debt, the amount of your payment may vary. The length of time you are allotted to pay the amount back can last for up to five years. After you complete the full term of payments the rest of the debt you owe is then considered to be legally settled.
You need to be absolutely clear on what an IVA is before you become involved in one. You even need a special proctor called an insolvency practitioner before you can enter into the contract. An IVA is not just a simple way to deal with your debt. This is a clear contract that you form with your creditors. The insolvency practitioner mentioned above is a licensed professional who will take the time to see if an IVA is right for you.
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.
Your creditors will then be notified of a meeting to discuss your circumstances with the insolvency practitioner. Creditors usually handle these conferences via mail or fax – not in person. Creditors will be asked to accept or deny the terms of the proposition put forth by your insolvency practitioner. In order for your IVA to receive final approval, at least three-quarters of the creditors will have to agree to the terms.
Your insolvency practitioner will still be a part of the settlement once your creditors approve the IVA. Usually, the insolvency practitioner is charged with managing the IVA, including the task of making sure that the payments are made as agreed and distributed to the appropriate parties. If you make all of the required payments, you will be able to cancel your debt without losing your property or going through foreclosure proceedings, even if you still owe money to the creditors. As much as 65% of the total owed may be written off by the creditors after you make your final payment.
More : IVA Or Insolvency
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