An Individual Voluntary Arrangement (IVA) is an alternative for people looking to avoid bankruptcy; it is an agreement with the creditors of an individual looking to continue to pay their debts but, due to a change in financial circumstances, can no longer make the originally agreed repayments.

The agreement can be flexible to meet the individual’s circumstances and is based on a combination of capital, income and other payments. When an IVA is proposed creditors will make a decision via a vote which must see over 75% agreement to go ahead.

An IVA can be used as an alternative to bankruptcy; however they are not mutually exclusive. If an individual has filed for and been made bankrupt they can still arrange to apply for an IVA which would require approval of a proposed IVA and a Court annulment of the bankruptcy order.

An IVA can have advantages and disadvantages depending on the situation of the individual debtor, professional advice is usually required to choose upon the best option. An IVA will not automatically limit the debtor from attaining credit but a proposal usually will.

Unlike with bankruptcy, an individual will not have to reveal anything about an IVA, but some lenders may ask. An IVA will not be viewed in the same light as bankruptcy by creditors as it shows a dedication to repayment, however the existence of an IVA in the first place generally suggests poor credit on behalf of the debtor and both will stay on the individual’s credit file for 6 years.

Once a creditor has agreed on an IVA proposal they are bound by the decision and cannot take any enforcement action to recover the debt. Unlike bankruptcy, an IVA proposal will often exclude the property of a debtor or in some cases propose a re-mortgage or off some income based contributions in light of the debtor’s equitable interest in the property.

Are you struggling to afford you debt repayments, then visit The Debt Advisor to see if you could qualify for anIndividual Voluntary Agreement.