Lump Sum IVA
Guardian Business Recovery provides comprehensive, confidential and non-judgmental information and advice. We pride ourselves on giving our clients the best possible solutions to resolve their personal debt problems. We supply information, advice, provide direct solutions and specialize in lump-sum IVAs. These are a quick and robust solution to personal debt and an attractive alternative to standard, contribution based IVAs, debt management plans and bankruptcy. We consider ourselves one of the foremost authorities in providing lump sum IVAs in England & Wales. IVAs were originally designed to provide relief to debts generated as a result of business insolvency. In recent years, increasing levels of consumer debt has led to many insolvent individuals with non-business generated debts seeking the legal protection offered within an IVA. IVAs may be popular with people who have large amounts of assets which they wish to protect. These assets, such as high equity properties and expensive cars etc., are not directly at risk under an IVA – as they may be in a bankruptcy. Bankruptcy will usually dissolve a partnership and prevent a debtor from acting as a director of a company. A self-employed trader will have to disclose the fact that he or she is bankrupt when obtaining credit, for example when dealing with suppliers. There are no such implications with an IVA. A major advantage of an IVA over debt management arrangements is that all unsecured creditors are bound by it once it has been agreed: even if they did not agree to the IVA at the meeting of creditors. As only those creditors who vote at the meeting are counted, those creditors who did not vote at all are still bound by the decision, as are those who voted against it if they are outvoted (see above). Creditors bound by the IVA cannot take enforcement action to recover the debt, but instead submit a claim in the IVA and are paid by the Supervisor.
We can start the IVA process immediately with just a few simple details.
Speak to an expert
Step 1. Contact an expert Debt GP advisor
We are able to take your call on 020 3096 0750 during the hours of 9am-6pm, where you will encounter our friendly, knowledgeable staff, who are used to dealing with a vast array of different circumstances. Alternatively contact us electronically to arrange a call back at your convenience.
Step 2. Evaluate your financial circumstances
The second stage is to find out whether a Lump Sum IVA is the correct solution for you. In order to do this, we will discuss and review your entire financial situation, including the availability of sources of third party finance.
Step 3. Discuss your state of affairs and receive recommendations
We will work out how much you are able to offer your creditors and whether the IVA is likely to be accepted. We don’t want you to waste your time and money!
Step 4. Draft and approve your offer to creditors
We will assist in drafting your proposed offer to creditors. This document will also provide detail all of your debts and the background to them. We have helped draft a large number of proposals for our clients and we are very proud of our extremely high acceptance rate.
Step 5. Propose the deal to creditors
A Creditors’ Meeting will be held. This is an opportunity for creditors to discuss your Proposal. Your creditors may not attend the meeting and usually send notice of their vote in writing. If 75% by value of the creditors who have responded to the proposal accept, then the proposal becomes legally binding on all parties. Creditors take a decision at a creditors’ meeting called to consider the IVA proposal. The return to creditors is often higher than they would receive in bankruptcy. A vote is taken – by value. 75% in value of those creditors who vote at the meeting by person or by proxy must agree in order for the arrangement to be approved. If any of those voting are ‘associates’ (usually business associates, friends and family) then a second count is taken and 50% of non-associated creditors must approve it.
Step 6. Negotiate with creditors – if necessary
On certain occasions, creditors may not be willing to accept your first offer. They will inform us of what would be required to change their vote. If you are prepared to improve your offer, we can pick and choose which creditors you wish to satisfy in order to reach the 75% approval mark. Thereafter the IVA will be approved and all other creditors will be bound by the arrangement.
Step 7. Upon acceptance of Lump Sum IVA, abide by the terms of the agreement
Whatever is agreed at the meeting will be legally binding on all parties – including the minority of creditors that voted against the Proposal, and, those who didn’t register their vote.
Step 8. Once terms are satisfied, a certificate of completion will be issued all unsecured debts will be settled in full
Once all the terms of the IVA are satisfied, we will send a Certificate of Completion to you and your creditors confirming that you are debt free. This is an official legal document – all of your unsecured debts will be written off upon receipt.
Step 9. Debt freedom
You will now have a fresh start for you and your family.
Summary Of the Lump Sum IVA
You could be debt free in as little as 3 months
You could keep your assets
Pay back what you can afford
Fixed, legally binding agreement
Protection from Court action
Professional Status protected