Monday, June 28, 2010

Individual Voluntary Arrangement Or Bankruptcy? Which One Is The Best?

By Bill Shawn

An Individual Voluntary Arrangement is an official and private contract in between a creditor and his debtor. It legally unites your creditors and helps to pay a certain amount of your debts. The interest is fixed on your loan which will not increase in future.

An Individual Voluntary Agreement is considered as an alternate to bankruptcy. Individual Voluntary Arrangement is not a restricted process compared to bankruptcy, it still allows an individual to apply for loan even if has filed for bankruptcy, which requires the permission from the court and the proposed Individual Voluntary Arrangement .

An Individual Voluntary Arrangement has both advantages as well as disadvantages. It depends upon the present condition of the debtor and moreover it is better to seek the advice from a professional, which allows you to choose the right option. IVA will not be treated badly compared to bankruptcy as there is a guarantee in paying back to creditors.

Once the agreement has been approved the creditor has no right in taking any action against the debtor. In addition the debtor can save his property such as house and personal assets etc.

So before applying for Individual Voluntary Arrangement make sure that you satisfy the following. First of all the Individual Voluntary Agreement is based on your financial status. You have to pay a minimum of 30% to your creditors, or else the creditors don't accept the Individual Voluntary Arrangement .

You must be an employee or you should be able to have an income. In addition you must show a proof of your regular income. You must have a loan from three different creditors and you cannot hold three debts belonging to the same bank.

Also once you are in this agreement make sure to employ a qualified insolvency practitioner. The practitioner is the only person for holding your creditors and paying the amount in right time.

The maximum period in the Individual Voluntary Arrangement is about five years which is quiet comfortable. After the completion of five years the debt is being cleared off. In addition during the payment period the interest and surcharges have been eliminated and also the creditors doesn't have the right to stress the customer through letters, phone calls and mails etc.

Choose the right company by its laws, rules and regulations. Also make sure that it is the company's responsibility to check whether you have been qualified for the agreement or not. The Individual Voluntary Arrangement process is carried out privately based on our financial status. Also clearing the debt is made possible once you are proved eligible for the agreement.

So, one has to do is to know the updates of the laws of that area. Make sure of meeting all the needs of the Individual Voluntary Arrangement. In case if you doesn't qualify then choose for debt consolidation loans.

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