A Guide To Individual Voluntary Arrangements
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.
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.
The first step is to determine how much you will be able to pay each month, so the insolvency practitioner will ask you several questions related to your finances. Once he or she has a clear picture, a proposed agreement will be drawn up. You and the other parties to the agreement will need to carefully review this document before you sign. Once you have a proposal that all parties can agree to, an interim order is filed with the court. The interim order brings all of your creditors‘ legal activities against you to a halt.
The process of voting will begin once the court files the interim order. Three-fourths of the vote need to come back positive in order for the IVA to enact. The creditors will meet with your insolvency practitioner for the voting process. However, the creditors will rarely show up in person. Usually, a fax is sent with their response: either they will agree or deny your claim. After the voting is complete, and you receive at least seventy five percent of the vote, you will be approved.
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.
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