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09-Aug-2010

Posted by : Terry Davey

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The Taboo Of Bankruptcy

Category : Bankruptcy

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It is hard for anybody who becomes insolvent. It shows in no uncertain terms that your money management skills are not up to scratch and you can’t meet your commitments financially anymore. In the past becoming insolvent was just a step on the path to becoming bankrupt, nowadays it is not as certain.

By introducing legal alternatives for the high number of people suffering insolvency, the UK Government was able to solve the high number of bankruptcy rates in the country. The two solutions that the government introduced were the IVA (Individual Voluntary Arrangement) and the Debt Relief Order. Even with these legal solutions available, not everyone facing insolvency is eligible and bankruptcy is the only choice.

The most difficult aspects of declaring bankruptcy is the social stigma surrounding it and admitting financial failure. Amongst older generations who never experienced high amounts of credit and debt, bankruptcy is regarded with particular dislike.

Details and information regarding those who go through bankruptcy are available for the public to view and so there is no way to hide your bankruptcy status. New bankruptcy cases would also appear in local press until very recently however cases regarding people that are of ‘particular importance’ cam still be published. National cases of bankruptcy are still reported in London Pres and all information regarding bankruptcies throughout the country is made available to the public their the online Insolvency Service. When it comes to your credit score, bankruptcy will remain on a credit record for at least 6 years and possibly longer when long term clauses have been used which will make it impossible for the bankrupt individual to obtain any more credit.

It’s for these reasons that bankruptcy really should only ever be the absolute last resort for those in financial difficulty. It will have long term repercussions, potentially socially as well as financially and is a particularly unpleasant process to go through.

Residents of Scotland seeking an alternative to bankruptcy are not eligible for IVA. The Scottish equivalent are Trust Deeds.

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05-Aug-2010

Posted by : Mark Walters

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How The IVA (Individual Voluntary Arrangement) Process Works

Category : Bankruptcy

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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 insolvency practitioner will interview you about your financial situation, in order to determine possible repayment figures. They will then write a proposition that outlines the terms based on the information provided during the interview. After examining the documents for accuracy, you will have to sign them. Once this is done, the courts will accept an interim order on your behalf, which will stop any creditor from pursing legal action based on your debts to them.

Your creditors will then be notified of a meeting to discuss your circumstances with the insolvency practitioner. Creditors usually handle these conferences via mail or fax – not in person. Creditors will be asked to accept or deny the terms of the proposition put forth by your insolvency practitioner. In order for your IVA to receive final approval, at least three-quarters of the creditors will have to agree to the terms.

Your insolvency practitioner will still be a part of the settlement once your creditors approve the IVA. Usually, the insolvency practitioner is charged with managing the IVA, including the task of making sure that the payments are made as agreed and distributed to the appropriate parties. If you make all of the required payments, you will be able to cancel your debt without losing your property or going through foreclosure proceedings, even if you still owe money to the creditors. As much as 65% of the total owed may be written off by the creditors after you make your final payment.

Next : Insolvency Or IVA

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15-Jul-2010

Posted by : Mark Walters

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How To Arrange An Individual Voluntary Arrangement (IVA)

Category : Bankruptcy

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Do you have problems with debt? You can arrange to make payments that will not leave you out on the streets by creating an IVA with your creditors. After you have completed the terms of an IVA, which generally takes around 5 years, you can have your remaining debts written off and eliminated. IVA stands for “individual voluntary arrangement”, and they can be set-up up for you without too much difficultly by a specialist company.

Here are some interesting facts about IVAs: For one, you only need to get 75% of your creditors to agree to your IVA, and then the rest have to follow suit. That 75% does not even represent the number of creditors, only the actual debt value. If most of your debt needs to be paid to a single company, you may only have to make an IVA with them. Since it is a formal agreement it is also legally binding.

An IVA gives you more control over the situation than a bankruptcy, and you pose less risk of losing your home or other assets. Generally in an IVA your interest is frozen from the time it starts so the debt can no longer increase. You can even continue business trading and are able to have a bank account under an IVA. The specialist company that sets up your IVA will factor their fees into the payments you make each month under the agreement, though IVAs cost money to maintain it will cost you less than filing for bankruptcy.

Not every debt problem is best solved with an IVA, you need to make sure there is not a better solution before you enter into one. Many debt companies will provide information on IVAs but be careful that you are not dealing with a company that will only suggest an IVA so that they can collect the set-up fees from you. Whether an IVA is ideal for your situation or not you will want to make sure you are dealing with a company that can find a solution that is best for you and your situation.

If you think an IVA is your best option then approach some specialists that have a good reputation, get some feedback from a couple of companies and see who can offer you the best deal for paying back your deal, with the lowest monthly cost and the least amount of time required paying that amount. There are plenty of people who have successfully used IVAs to control their debt and therefore you can find the companies that have arranged these for them without taking advantage.

Next : IVA Or Insolvency

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14-May-2010

Posted by : Ashton Field

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How Can You Write Off Credit Card and Loan Debts

Category : Bankruptcy

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Some credit agreements from the banks and lenders are unenforceable in one way or another you may be surprised to learn.

The Consumer Credit Act of 1974 insists upon strict terms and conditions that must be written into the contract that you have signed. For example, the interest rates must be clearly stated and correctly calculated, and often this is simply not the case. In some cases these agreements aren’t even signed!

It is possible to write off debts on anything from credit card charges, store cards to your mortgage,credit cards, credit card fees, secured and unsecured loans, and your payment protection insurance plan or PPI.

You might be able to have the debt written off completely and legally by using a solicitor on a no win no fee basis if you’ve taken any kind of credit agreement or loan before April 2007

Get your solicitor to request a copy of the credit agreement from your lender. This agreement will then be closely audited to see if it does in fact comply with the 1974 Consumer Credit Act. If breaches are found in the credit agreement, it may be unenforceable.

You don’t have to do anything. The solicitor will write to the lender on your behalf. Depending on how long your credit company take to respond to the request for the documentation, the process will take about nine months to a year

For far too long banks and credit card companies have taken their customers to the cleaners, charging ridiculous rates and exorbitant fees for late payments, reducing the credit limit so the customer now has exceeded their allowed limit and then charging another fee. On top of this, we pay even more yearly fees for the “privilege” of having one of their credit cards.

It’s your turn to see if you can write off your debts. It’s legal, fair, justified and could save you thousands of pounds. Use the law to write off debts and restart your life debt free, and free from the day to day worry that you can’t pay your bills.

These options may be useful if you find your agreements are not unenforceable. This is not an IVA (Individual Voluntary Arrangement)debt management, or bankruptcy. Debt management companies offer excellent and confidential advice to help you with debt and debt management of all kinds. Stop worrying and call today for peace of mind.

Why not check out unenforceable agreements expert for more information on wiping out your debts. Ashton Field’s site has a choice of many claims companies to help you. unenforceable agreements

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20-Apr-2010

Posted by : Chris Brown

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Personal Bankruptcy During The Recession

Category : Bankruptcy

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A recession occurs when a country’s GDP is down for two full quarters(the GDP’s growth must be negative for a full 6 months period for a country to be in recession). The current international recession hit the UK during the second quarter of 2008. During the last quarter of that same year, the UK’s GDP dropped a further 3%. A consequence of this was the rise in personal insolvency that reached 27,702 during the 4th quarter of 2008. This rise in personal debt levels also generated a rise in the number of people looking for debt management. The level of Individual Voluntary Arrangements (IVA) also rose considerably, reaching 10,041 during that same periods.

However, as the UK’s GD’s growth dropped to -6% during the 2nd quarter of 2009, an all time low since the end of World War II, the number of IVAs that were taken out rose to 12,623 during that same quarter.

An IVA is a legal arrangement between the debtor and their creditors whereby the debtor is free from unsecured within 5 years. During that period, the debtor will pay a sum that is based on their income and expenditure intothe IVA. However, the debtor must comply with strict criterias in order to apply for an IVA.

In order to apply for an IVA, the debtor must satisfy the following criterias:

The debtor must owe 15,000 of unsecured debts to at least three creditors The debtor or their partner must have a source of income that originates from employment While a homeowner’s mortgage will be taken into account as part of the expenditures, the property may not be counted as being part of the debtor’s assets, or the debtor will receive income-based contributions for a longer period instead of the debtor’s equitable interest in the property. In the event of a change in the debtor’s personal circumstances, the Insolvency Practitioner will act on behalf of the debtor and submit a new offer for the creditors to consider.

If the debtor cannot keep up with the Individual Voluntary Arrangement payements, then they a Bankruptcy Order may become reality. This occurs when the debtor is unable to pay anything or very little towards their debts. A trustee who may also oversee the debtor’s finances then controls the debtor’s assets.

Visit the RSM Tenon Debt Solutions website for more informations about ways to get out of debt, including Individual Voluntary Arrangement

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12-Jan-2010

Posted by : Sarah Hunter

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How to avoid going bankrupt

Category : Bankruptcy

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Whatever your debt problem there are a few options you can explore first before resorting to declaring bankruptcy.

There are debt solutions available that can be much more beneficial for you, than Bankruptcy. An Insolvency Practitioner can help you figure out your options and come to the best solution for your circumstances.

Debt Management is a way of dealing with your debt problem and helping you become debt free. If you take all your debts and write them down, you can work out your total amount of debt owing as well as your total monthly payments. This will give you a definite idea of what kind of situation you are in financially.

When your debts are becoming too much, a good idea may be to look at any small assets of that have some value. Selling these may cause some temporary relief and help towards your debt problem.

The next thing to do is approach your creditors to negotiate a deal of lower payment. You might think this daunting but your creditor would prefer anything, rather than going bankrupt and having nothing to give. Simply by letting them know that you do intend to pay the debt off somehow but are in a bit of trouble presently, can take off a lot of pressure. Some creditors have set payment plans for people struggling to pay their debts. If they do offer you an alternative payment arrangement, be sure to check all the terms and conditions.

An Individual Voluntary Arrangement or IVA may be a debt solution an Insolvency Practitioner will discuss with you. This is a formal debt solution passed by the government in 1986, as a means to people struggling with their debt; offering them a chance of freedom without any severe consequences; otherwise known as an alternative to Bankruptcy. Your creditors are offered only what you can realistically afford to pay. The Scottish version of the IVA is known as a Trust Deed.

If you are so deep down to even think about getting out of debt and it is spiralling out of control, you should avoid robbing Peter to pay Paul and get advice as soon as possible. The only way out is to face your problem. There are tailored debt solutions to help you get out of your financial predicament.

Want to find out more about debt solutions, then visit IVA.net to find out how you can avoid bankruptcy.

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