Individual Voluntary Arrangements – IVA
What is an IVA?
When faced with overwhelming debt an Individual Voluntary Arrangement will allow you (via a third party known as an Insolvency Practitioner), to offer a formal financial proposal detailing payment amounts to your creditors
These proposed payments will be not as much as the full amount of the money owing, however your creditors would then be accepting your formal offer in full and final settlement of their claim.
The IVA proposal would be customized to meet your individual situation but normally would entail you paying a monthly payment, a lump sum or some mixture of the two. The IVA proposal may also take into account other irregular incomes such as overtime or bonuses etc.
Creditors do have the right to choose whether to accept or reject the IVA proposal and if it’s accepted, then a legal agreement will be produced which will then be binding on both you and your creditors.
IVA advantages?
- Creditors agree to be bound by the agreement even if they did not vote in favour.
For an IVA to be approved, those creditors who agree with the IVA and who are owed “75% of the total debt” will allow IVA proposal to be accepted.
- The total time duration for the payments will be known from the outset and if making monthly payments will normally be 5 years.
- The conditions of your IVA would be customized to suit your situation.
- Valuable assets, such as equity in property, savings, shares or cars will need to be disclosed. These will all be considered and depending on your state of affairs may be incorporated in the IVA. Therefore it’s possible to make a more sympathetic agreement than under Bankruptcy to retain your assets such as the family home.
- There are fewer limitations than in Bankruptcy such as the ability to carry on your business or to work in certain professions.
- An IVA is not reported in local legal notices like Bankruptcy cases and therefore one may feel it carries less of a stigma.
Special points for serious consideration
- Any possessions such as equity in land or property would be accounted for and you would need to talk about this with your Insolvency Practitioner so as to identify the impact on your individual state of affairs.
- The IVA arrangement will be binding on you as well as your creditors so if you fail to pay as per the agreement then the Insolvency Practitioner can formally request your Bankruptcy.

