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Posted: Fri Mar 30, 2007 10:18 pm
by s.c
Hello.I'm so very confused. some people/debt companies are advising bankruptcy and others the IVA- I have debts to 29,000 - have tried paying the main debt off myself but they applied too much interest, therefore not reflecting my payments. I dont care about the stigma of Bankruptcy but the horror stories I've heard are frightening me. Please help- this is giving me chest pains.

Posted: Fri Mar 30, 2007 11:04 pm
by MelanieGiles
Hi sc and welcome to the forum

The decision you make must be yours and not based upon recommendations from anyone. If you do not own a property or other assets of material value, then bankruptcy is unlikely to really affect you tremndously, although it is publicly advertised. It is also unlikely to return much money (if any) to your creditors. What horror stories have you been told - and is the motivation behind those that someone simply wants to sell you an IVA?

If you feel morally obgligated to repay your debts, then an IVA is also an option if you have sufficient disposable income and really want to pay something back.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

Posted: Sat Mar 31, 2007 7:17 pm
by iva_squirrel
Hello sc and welcome to the forum.

Could you tell me how much your disposable income is?

Bankruptcy is one way of dealing with debts that you cannot pay. Bankruptcy proceedings eventually free you from overwhelming debts. It lasts for twelve months, after which time you can make a fresh start.

The effects of Bankruptcy:

You will have to report to the Official Receiver and provide him with details of your financial affairs

The Official Receiver will effectively own all your assets and look to realise their value for the benefit of creditors

You will usually have to close your bank account

You are unable to obtain credit exceeding £500 without disclosing your bankruptcy

The Bankruptcy Order is registered with credit reference agencies for at least six years

Your employment may be affected depending upon what job you do

You cannot be a company director or hold public office

An Individual Voluntary Arrangement (IVA) is an agreement between you and your creditors whereby you make funds available for distribution between the creditors bound by the agreement. This usually involves making one monthly payment out of your income for a set period of time and, if you have any assets such as equity in your property, endowment policies etc you may have to make some of this available to creditors as well.

Where contributions from income are being made, IVA's are generally expected to be for a period longer than that in bankruptcy, i.e 5 years as opposed to 3 years.

Kind regards,

Julia





For more information about IVAs, please visit my website:
www.supersonicsquirrel.net

Posted: Sun Apr 01, 2007 7:59 pm
by Skippy
Hi SC, as Melanie says you and only you can make this decision. Can I just reassure you that BR is not as bad as the horror stories make out. I was made BR on Thursday, and I couldn't believe how nice the people at the court were. I am posting my experiences in my blog, so I hope this might help you.

Onwards and upwards!!!

View my blog at http://skippy13.blogs.iva.co.uk/