An Individual Voluntary Agreement, or IVA, is an attractive alternative to bankruptcy but there are a series of qualification criteria for applying to enter an IVA. To qualify for an IVA:
- The debtor’s unsecured debts must equal a minimum £15,000. In certain instances, an IVA may be approved for a sum of less than this, but only with a reduced fee for the account handler.
- IVA proceedings do not include Mortgages, secured loans and Hire Purchase debts.
- IVA proceedings include unsecured loans, credit cards and store cards, catalogues and overdrafts, as well as tax and VAT for the self employed.
- The debtor should not own material assets which could pay off their debt. Material assets such as equity release on a property or trading an expensive car should be considered before an IVA.
- There is no legal minimum number of creditors who need to be owed for an IVA to be approved but generally IVA firms prefer cases with more than one creditor involved as it gives them more opportunities to get the IVA approved.
- Debtors are required to be in employment for an IVA to be approved, except for exceptional circumstances. If the debtor is receiving long term sickness benefits or has a partner in employment to support the IVA application then creditors may accept it.
- A debtor’s IVA application is unlikely to be accepted without the right type of creditors. There are number of aggressive creditors who will refuse an IVA, regardless of the situation.
