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An IVA is not suitable for everyone. A debt management plan or bankruptcy
may be more appropriate. People who choose bankruptcy tend to earn a
low, irregular or no income, own no major assets such as property, work in
careers that do not involve cash and have no way of committing to regularly
making monthly repayments to creditors. The average person that
applies for bankruptcy will be in their thirties, but there is a growing
number of people in their fifties and sixties that have experienced a major
life change, such as illness or divorce, who are applying. Contrary to
popular belief, a person does not have to be in thousands of pounds of debt
to become bankrupt. An unsecured creditor can apply to make an individual
bankrupt if they are owed just £750, while anybody can apply to declare
themselves bankrupt. You will have to pay £310 towards the cost of the
administration of your bankruptcy by the official receiver. Court fees on
top of that are usually £140. Under bankruptcy, the debtor no longer
has control over any assets. An official receiver will be appointed to deal
with creditors, informing them of how much money will be shared from the
bankruptcy. The receiver will then dispose of any suitable assets, such as
property or cars, to pay off the creditors. Individuals are allowed to keep
their car if it vital for their work. For that reason, debt charities
are recommending it to people who don't own any major assets. However, if a
bankrupt person has dependants it is possible to delay the sale of a
property for 12 months to find alternative accommodation. Or if they own
part of a property, their spouse, family or friend may be able to purchase
that part of the property from the receiver. After a period, usually
one year, debts are written off. However, the bankruptcy notice stays on
their credit report for a further six years, making it difficult to obtain
credit. If you come into any money while the bankruptcy order is still in
place, this could also be taken away - if you win the lottery, for example. Bankrupts
are barred from some occupations, including most positions in financial and
legal services, the police and armed force, and people working in those
fields should consider alternatives. Bankrupts are also barred from being a
company director. Once a debtor has been discharged from bankruptcy,
they are no longer liable for any outstanding debts, as long as they were
detailed in the bankruptcy proceedings. Entering into an IVA or
becoming bankrupt should be measures used as the last resort by someone with
financial problems The key is to get individual advice. If you have no
assets and no income then bankruptcy is probably the best option. But if you
are in a professional career you may lose your livelihood by going bankrupt
– solicitors and accountants, for instance, will be struck off. So an IVA
may be a better option. |