Posted by Mark WaltersJuly 15, 2010

Since its conception in the 1980s, individual voluntary arrangements (IVAs) have been an increasingly popular option for individuals that have a debt mountain that they are finding difficult to climb. Initially, were set up to help businesses facing bankruptcy but they became popular with members of the public once their advantages became more widely known.

To avoid falling into bankruptcy, borrowers can set up an individual voluntary arrangement with their creditor(s). The agreement consists of organizing the return payment either over time or immediately of the owed sum in return for the debt to be written off. Payments can be made either in one lump sum or monthly at a minimum of around $300 a month for a period of a maximum of five years.

The reason so many people are setting up IVAs every year is down to the huge benefits that can be had if you are finding it difficult paying back your debts. Once you enter into an agreement, all interest and late payment charges are frozen for the duration of the agreement, plus you are unable to be taken to court by your creditors and once the full amount of the debt is received by your creditors, your credit rating will improve.

If you are looking at possibly bankruptcy due to large debts from credit cards, overdrafts, personal and business loans, store cards and catalogue negative balances then an IVA could be your best option for continued solvency. As long as you can either afford a single lump sum or monthly payments of a minimum of $300, then you may be able to reduce your debt by up to 75%.

You will need to hire an insolvency practitioner to propose an IVA to your creditors – you can not do it yourself. How much they charge you will depend vary on the area that you live and experience of the practitioner. Many will include their fee in your agreed monthly IVA repayment, so at least you will not have to find extra money to pay them on top of your IVA repayments. Always shop around for a reputable insolvency practitioner as hiring an incompetent ones will lead to you wasting the money that you pay upfront for fees.

It is generally accepted that an individual must have debts of $20,000 or more in order to be able to take out an IVA through an insolvency practitioner. In order for the IVA to be completed and legally binding, 75% of the creditors of the individual’s debt must agree to the terms in the agreement. Even if the remaining 25% do not agree, they are still legally bound to the arrangement. If less than 75% of the creditors (in monetary terms) agree, then you may have to find other options or consider bankruptcy.

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