An Individual Voluntary Arrangement, or IVA, is a financial agreement which legally binds both you and the entities you owe money to. Depending on how you are holding up financially, and how much you still owe on your debt, the amount of your payment may vary. The length of time you are allotted to pay the amount back can last for up to five years. After you complete the full term of payments the rest of the debt you owe is then considered to be legally settled.

IVAs are a recognized contractual obligation, not a form of debt management service. An IVA will require the use of an insolvency practitioner, a person who has been certified in the construction and documentation of IVAs. If you are considering an IVA, speak with an insolvency practitioner. They will be able to resolve your ability to enter into the contract and decide if it is practical for your set of circumstances.

The first step is to determine how much you will be able to pay each month, so the insolvency practitioner will ask you several questions related to your finances. Once he or she has a clear picture, a proposed agreement will be drawn up. You and the other parties to the agreement will need to carefully review this document before you sign. Once you have a proposal that all parties can agree to, an interim order is filed with the court. The interim order brings all of your creditors’ legal activities against you to a halt.

The next step is to schedule a meeting will all of the creditors. The insolvency practitioner will attend on your behalf as well. Most creditors do not attend the meetings, preferring to cast their votes for or against the proposal either by mail or fax. Each creditor is entitled to vote on whether the proposed IVA is acceptable. Whether the IVA will go into effect depends on the outcome of the vote. An affirmative vote from creditors who hold a total of at least 75% of your debt is required before the IVA is accepted.

However, approval does not end the need for the insolvency practitioner. Their job also entails managing the IVA – ensuring that payments are made in a timely manner and in the amounts promised. They also make sure each creditor receives the amount due proportionately. Once the repayment terms have been completed, your debt is considered paid and the burden will be lifted. The fortunate aspect is that not only are people able to save their homes from foreclosure or prevent the loss of property, but up to 65% of the original debt can be written off with the use of an IVA. That money does not have to be repaid, as long as the terms of the IVA are met as promised.

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