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Should You Consider Bankruptcy Or An IVA? Which Is The Best Option?

Should You Consider Bankruptcy Or An IVA? Which Is The Best Option? :

Various options are possible to individuals whose debt has gotten out of control. They could consider a debt consolidation arrangement – e.g. an IVA (a.k.a. Individual Voluntary Arrangement) – or they may simply wish to declare bankruptcy.

As IVAs usually involve paying back debts and can last up to five years, while bankruptcy will wipe the slate clean and the bankruptcy period lasts for only a year, numerous people who are in debt ponder if it’s easier, less stress and therefore a preferred option simply to file for bankruptcy. However, bankruptcy might have major implications that IVAs could avoid, so it is imperative to figure out what’s best based on your individual situation.

Prior to doing anything, an individual should think about going to a debt information organisation – such as the Consumer Credit Counselling Service (CCCS) – and figure out what is the best thing for them. An IVA adviser should be able to assist too, even if IVAs are not practical in said person’s situation.

If a person declares for bankruptcy, they might lose all their assets. Although some kinds of assets – including cars and pensions – are exempt, the debtor could lose their house. Those assets that aren’t exempt will be sold, with the cash split among creditors. Also, numerous institutions are informed, including banks, and the person’s name will be published in local newspapers. Not only that, but the person’s credit score will be affected for six years, maybe more. On the plus side, all debt will be discharged completely after the one-year Bankruptcy Order period. Therefore, if one does not have any assets (such as a house) and owes a very big amount of debt, then bankruptcy may be the better route.

The outcome of getting and finishing an IVA, on the other hand, will be fairly different, and may be more suitable based on a person’s situation. They mightn’t lose their home as a consequence (however they may have to re-mortgage the home in order to be able to afford to repay their debt). Newspapers and banks do not have to know about the details. While bankruptcy can affect particular professions, including accounting, meaning that a bankrupt individual can’t become an accountant, IVAs mean that individuals in these careers can continue to operate as they are whilst gradually eliminating their debt. Therefore, for individuals who have assets, a regular income stream and a line of work that might be affected by being bankrupt, asking for IVA help could be ideal for them. It might last for five years, with regular payments that need to be met, but their career and assets will be safe.

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July 13, 2011 | In: Debt

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