IVA (Individual Voluntary Arrangement)

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.

The insolvency practitioner will interview you about your financial situation, in order to determine possible repayment figures. They will then write a proposition that outlines the terms based on the information provided during the interview. After examining the documents for accuracy, you will have to sign them. Once this is done, the courts will accept an interim order on your behalf, which will stop any creditor from pursing legal action based on your debts to them.

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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