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- Published on Friday, 07 March 2014 17:49
- Written by Administrator
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Whenever most debtors begin serious contemplation's of entering an Individual Voluntary Agreement, several key issues must be taken into full account. Below are ten most frequently asked questions about the matter.
1) What Do Individual Voluntary Agreements Involve?
Pursuant to Bankruptcy Ordinance provisions, an VIA is designed as an alternate for going bankrupt. Nonetheless, it is a formalized that entails applying for a court injunction to prohibit creditor lawsuits. In exchange for this legal protection, the debtor must prepare a proposed debt repayment plan for presentation to the court and all creditors. Upon approval, it becomes legally binding all every creditor.
2) How Does an IVA Impact Current Assets?
Debtors must make full disclosure of every asset as well as each liability to an Insolvency barrister. Personal property such as vehicles, consumer electronic devices, and jewellery are not typically seized. More substantial assets, however should probably be encompassed in initial creditor offer.
Liquid cash in bank accounts must be applied toward outstanding financial obligations. In specific circumstances, however, homes may be exempted. This is most often true when accumulated equity is below 5,000. Conversely, high accumulated home equity usually triggers expected inclusion in the IVA plan.
The bright side is that retirement pensions have no economic exposure during IVAs. Nonetheless, contributions could be forcibly decreased or suspended until the Individual Voluntary Agreement is complete. As pension payments are included in debt repayment calculations, it imprudent to contribute large sums just prior to applying for an Agreement because doing so looks like a deliberate effort to conceal assets.
3) What Are Eligibility Requirements for Individual Voluntary Agreements?
Any individual who owes debt is legally permitted to apply for an IVA. It must be noted, however, that he or she must also prepare a highly specific and realistic debt repayment plan.
4) Do Individual Voluntary Agreements Have Advantages?
The primary benefit that IVAs offer is an alternative to personal bankruptcy. This aspect allows most debtors to retain employment and business executive positions. However, creditors are entitled to reassurance with a feasible repayment plan.
Another beneficial IVA feature is writing off as much as 70% of aggregate debt, based on the debtor's repayment capacity. Upon full Agreement completion, all residual debt is legally forgiven permanently. Maximum plan duration is nearly always limited to five years.
5. What Are Nominee Qualifications?
At some point in the legal proceedings, a debtor must designate a nominee. That party must demonstrate sufficient relevant experience and is generally an accounting or solicitor. Nominees have responsibility to collect details about debtor assets, preparing creditor reports, and notification of all parties as to outcomes of creditor meetings.
6) How Much Do Individual Involuntary Agreements Cost?
At the outset, debtors must make an initial deposit of $12,150 with designated nominee. Court fees must also be paid that vary among venues.
7) Is Personal Financial in IVAs A Public Record?
By law, every debtor who establishes an Individual Involuntary Agreement is required to keep a register that includes ID card number, name, address(es), IVA approval date, and nominee contact information. All this data does become part of the public record.
8) What Results From Proposed Repayment Disapproval?
If creditors reject a repayment proposal, formal bankrupt declaration or other legal manoeuvres may be indicated. This is mainly because of a mandatory one-year waiting period for Interim Order reapplication.
9) What Are Penalties of Noncompliance or Misrepresentation During Individual Voluntary Agreements?
Upon entering an Individual Voluntary Agreement, a debtor is legally required to comply fully and precisely with all court orders and other applicable legal obligations. In cases when faithful obedience to all pertinent rules by the debtor does not happen, any creditor may file a petition to force the IVA applicant into an involuntary bankruptcy. Moreover, deliberate fraud and material misrepresentations that are made knowingly in order to gain court approval of an IVA can lead to stiff fines and even a potential prison term.
10) What Parties May Make Contributions to Individual Voluntary Agreements?
Even during an active IVA that is still outstanding, the debtor may receive financial assistance from third party(ies). Such benefactors are most often family members or close friends who become voluntary proxies for the primary debtor by subsidizing IVA payments.