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Step
1: You will first review your entire financial
situation and get IVA
advice with a debt advisor that is representing you.
The debt advisor will work out how much you are able to
offer your creditors and whether the IVA is likely to be
accepted. If the debt advisor agrees that the IVA is
right for you then they will draft up a statement of
affairs to be passed to the Company Insolvency
Practioner (IP) that will represent your case to the
creditors.
Step 2:
The IP will then draft a formal written proposal for
your creditors. This will normally detail all of your
debts and the background to them. You will have to agree
and sign this document as being the very best offer that
you can make to your creditors. Your signature will have
to be witnessed by a solicitor or a commissioner for
oaths. The Insolvency Practioner should also explain
other options at this point such as bankruptcy (to make
sure that the IVA
advice and IVA is the right solution and that you
have considered all alternatives).
Step 3:
Your creditors will be circulated with your proposal.
They may accept it without modification or request a
modification to be made. If a modification is requested
then your IP will contact you with the new details
(typically it will involve an increase in your monthly
contributions to the IVA).
Step 4:
A creditors meeting is held. This is an opportunity for
the creditors to discuss your proposal. Your creditors
may not attend the meeting but will offer their
acceptance of the proposal in writing. At the meeting as
long as 75% of the value of the creditors who have
responded to the proposal either in writing or person
accept, then the proposal becomes legally binding on all
creditors.
Step 5:
The court and all creditors are formally informed of the
result of the meeting and the IP is normally appointed
as the supervisor of the Arrangement. S/he will monitor
the monthly contributions, supervise the disposal of any
assets and fulfill any other requirements of the
creditors.
Step 6:
Maintain your monthly payments into the IVA for the
length of time agreed (normally 5 years).
Step 7:
Once these and any other terms of your arrangement have
been fulfilled, you will be free from your debts, and
any outstanding balance will be written off.
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