Bankrupcy or IVA

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nyahx

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Post by nyahx » Thu Dec 13, 2007 1:50 pm
I need advice. My partner and I have debts of up to £90,000. We feel like we are going under. The question is Bankrupcy or IVA. We have had so much conflicting advice. How long do you pay an IVA for? I have heard it can go on for more than 5 yrs, possibly 10 or even 15 yrs. Is this true? Under what circumstances would an IVA run for longer than 5 years? or 60 months

If a relationship has ended and you need an IVA how do you go about splitting debts in joint names. what if one partner wants to go the bankrupcy route but this does not suit the other person?

Does bankrupcy affect possibilities of obtaining a mortgage or emmigrating in the future?

Can bankrupcy affect your job if you are a teacher?
 
 

Adam Davies

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Post by Adam Davies » Thu Dec 13, 2007 3:45 pm
Hi
Joint debts can't be split,so even if one party declares bankruptcy the other person would still be liable.
IVAs run for five years and very occasionally six years.More than that is very rare indeed.
Once you are discharged from bankruptcy you are able to obtain a mortgage and in an IVA it is possible to obtain mortgage
Bankruptcy will not affect your job as a teacher but your name will be in the local paper.
As for advising on BK or an IVA you will need to have a chat with an IP as there are many details regarding your finances and situation that need to be looked at before advice can be given.
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

Skipper

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Post by Skipper » Thu Dec 13, 2007 4:59 pm
Hi mate,

You are right there lots of pros and cons for IVA or BR.

Best to seek the 'final'advice from qualified prof' My advice taken from an IP not from here but in other site is simply, if you have a job or assets to protect then IVA maybe better.Providing you can pay the min IVA monthly amount

BR and IVA are protection orders to protect you from the creditors. A BR order can run for 15 years but that is rare(0.5%) - you must be involved in some serious fraud for that to happen. But you could be discharge as early as 7 months from what I heard.It all depends what creditors say. But expect to pay upto 60% or more to the OR for 3 years.

Ironically, BR order even have a holiday provision for expenditure.But not in a IVA?

In terms of credit reference you are no better off BR or IVA.

BR order is a protection order but we tend to see it something worse and there is debate as to whether people on IVA actually should be on an IVA?? So make up your own mind.

Five years in an IVA is a long time and creditors will squeeze as much out of you in an IVA as Insol has posted.In BR you don't get less or more to live on.

Been discharge early can mean a new slate and faster clean start. A District Judge will ask if you have seeked advice before granting a BR order so make sure you do all the research. So get personal prof advice.

Even though I am on an IVA I know BR isn't as scarely as one thinks. There are IPs out there to help pave a smooth BR journey if you are unsure.


"Always think outside the box"
"Always think outside the box"
 
 

MelanieGiles

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Post by MelanieGiles » Thu Dec 13, 2007 5:37 pm
When deciding whether to propose an IVA or declare yourself bankrupt, you will get a mine of advice telling you one way is better than the other, but for clients of mine who have no assets which would be at risk from creditors I usually advise as follows.

If you feel morally obligated to pay your creditors as much as possible over a realistic time period, and understand that creditors will really make you pay as much as they can possibly squeeze, then an IVA is likely to be a more favourable option.

If, however, you feel no obligation to repay your debts, and are happy to walk away from them - perhaps because of unfair pressure which has been exerted upon you by telephone calls and letters, then bankruptcy may well be the best route. The Official Reciever is generally more lenient about ongoing payments, and you are discharged after one year generally.

When seeking advice beware anyone who tells you what they think you should do. Let them paint the options and make up your own mind by taking sufficient time to think each one through carefully.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

andymac

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Post by andymac » Thu Dec 13, 2007 6:40 pm
post your questions, listen to the advice but make sure you make up your own mind.

There is a wealth of great advice here and great people with a lot of advice.

good luck, you are not alone.
 
 

Adam Davies

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Post by Adam Davies » Thu Dec 13, 2007 9:02 pm
Beware of companies that charge you to basically hold your hand once your decide on bankruptcy.
You can do this without any help,just research this site and you will find all the answers that you need.

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
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