Does this sound familiar?
No matter which way you look at it, your debts are so colossal that the only way out is to file for bankruptcy. Everything you’ve built up will now go down the tubes, and any assets you may have will now be disposed off to pay your creditors. Your property include the family home, which you are now likely to lose. Are you in this situation right at this moment?
Before you jump on the bankruptcy bandwagon, you must investigate your other options first. What you may not know is that you can possibly be a prime candidate for other programs designed to handle debt cases. Do a little digging to find out who you can consult about your debt problem. You can select either a charity organization or a paid debt help service for advice.
Ask your debt counselor about an alternative to bankruptcy, such as an IVA, or Individual Voluntary Arrangement. It is a legally binding agreement between yourself and your creditors concerning the fulfillment of your debt, as overseen by someone acting on your behalf such as an Insolvency Practitioner (or IP for short). Your proposal must contain a workable payment scheme for your creditors after taking some things into consideration, such as your monthly income, living expenses, and other pertinent facts, which greater number of your creditors must approve of in order for the IVA to push through. Any creditor may set or add their own conditions to the proposal before it is voted upon. Once all your creditors accept the terms, you must keep to them throughout the payment period.
There are several advantages to an IVA, such as:
During the IVA case, no bank on your list can take legal action against you without due permission from the court. But please take note that this only covers the creditors you listed down in your IVA petition, so be careful when making that list.
In cases of bankruptcy, all your assets will be taken and sold, with the proceeds going to your creditors. In an IVA, you won’t be in danger of losing the roof over your head.
Many people are unwilling to file for bankruptcy because of the perceived disgrace of doing so, as a list of filers is printed on a national newspaper, whereas IVA filers are only listed on the Personal Insolvency Register. Thus, you avoid the stigma attached to having filed for bankruptcy.
While there is no assurance that your credit score will not be lowered by having an IVA, it does show a willingness to pay back the sum you owe. You and your creditors must agree on some sort of fixed payment terms, lasting anytime from three to five years. It will be up to your chosen representative to distribute this amount among your creditors.
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