National DR, Co Ltd.

Global Economic Crisis Forcing Insolvent Individuals to Seek Individual Voluntary Arrangement

Press Release   •   Sep 06, 2010 06:39 BST

September 6, 2010 - The global economic crisis is currently pushing people into Individual Voluntary Arrangement (IVA) in a bid to avoid bankruptcy. The world over, people are now focusing on having an insolvency practitioner present formal repayment proposals to their creditors. Since low income earners have been the hardest hit, creditors increasingly have to restructure their plans to accommodate this new trend. This is the main reason the requirements have been made flexible enough to allow debtors of different needs fit in. After first considering IVA advice, most debtors who have less serious problems are slowly shunning away IVA and resorting to other debt management programs.

Business insolvency is the main reason IVA’s were designed, to be able to provide relief to debts accrued. In recent times, insolvent individuals who have debts that are not generated from businesses are turning to IVA’s in a bid to enjoy some of the legal protections provided therein. These arrangements are more common with those people who have many interests and assets that they would wish to protect. The assets, which might range from very expensive cars to high equity properties, are usually not under great risk in an IVA as they would in a bankruptcy.

Even after being declared bankrupt, most individuals are finding their way into courts where post-bankruptcy IVA’s are being offered. Though these forms of arrangements are yet to gain the popularity required, they are quite restrictive and inapplicable in some areas. Most companies offering such services are slowly restructuring themselves such that IVA’s being offered last for lengthy periods. These financial arrangements are often discharged if the person declared bankrupt is eligible for a discharge. Usually the discharge is after a year or less.

One of the main advantages of an IVA is the fact that it does not restrict the debtor from acquiring credit. Under this arrangement a self employed person is not going to be required to disclose their status to any financial institution when either dealing with suppliers or obtaining credit. It is always the prerogative of the lender to inquire whether the debtor has been in such a state. Since credit rating is the greatest determinant of whether or not you are going to get a debt, an IVA usually has the same effect on the credit rating as that of a bankruptcy. The logic is that a creditor’s rating is usually bad even before an IVA and as such nothing much changes. A debtor’s credit file is going to bear an IVA for a period of six years from its start. Two separate fees are made for an IVA and they are on a monthly basis.