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| IVA or Bankruptcy
IVA and Bankruptcy are solutions that are only available to insolvent debtors. Being Insolvent simply means that you cannot afford to repay your debts each month. That is the full contractual payment and - not the minimum payment.
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| Do not fall into the trap of repaying minimum monthly payments and thinking you can afford your debts, because with the interest and charges applied you could be paying for up to 40 years.
Once it is determined that you are insolvent both an IVA and Bankruptcy become options for you.
Bankruptcy should only ever be considered as a debt solution in the last resort.| | IVA | Bankruptcy | | Is my name kept private? | Yes, an IVA is not advertised. Although details can be found on a government website. | No, bankruptcy orders are advertised in your local paper | | Will my IVA remain private? | Yes, only creditors are notified. | No, everyone that you are financially connected with, such as your landlord, will be contacted | | Can I still run a business? | Yes, you can still be a company director or practice professional roles involving finance | No, normally any business will be closed immediately. Certain employment situations will also be hindered. | | Will I have control over my assets? | Yes, some assets can be excluded from your proposal. | No, any asset that can be sold to raise money for your creditors will be, such as your house. Any that are acquired during the bankruptcy term, such as inheritances are also lost. | | Can I keep my bank account? | Yes, although some extra facilities, such as overdrafts, may be removed. | No, bank accounts, credit cards will be closed and hire purchases cancelled. | | Can I avoid going to court? | Yes, as long as you are available to answer questions on the phone at the time of the creditors meeting. | No, you will always have to go to court. | | Am I legally protected from my creditors? | Yes, court proceedings cannot be brought against you regarding any of debts bound by the IVA. | No, your creditors may look to sell your assets and take any appropriate action against you. |
If
you want to hear more about how an IVA can work for you, or whether
you would be suitable for an IVA, simply call our expert advisors on 0800 520 0315
quote ref 1533, or fill in the
Mortgage Wizard to see what other solutions are available to you. |