Bankruptcy or IVA – Which is best?
If you are trying to choose between Bankruptcy or IVA your gut feeling might be to avoid bankruptcy. However going bankrupt might be the better solution.
- Will you pay more in Bankruptcy or IVA?
- Which is better if you are a Home Owner?
- Bankruptcy or IVA and your Car
- What about the affect on your Credit Rating?
Trying to choose between Bankruptcy or an IVA? Give us a call (0800 044 3194) or complete the form below to speak to one of our experts
Will you pay more in Bankruptcy or IVA?
You may have to make ongoing monthly payments towards your debts whether you choose Bankruptcy or IVA. However it is likely that overall you will pay less if you go Bankrupt.
In an IVA you must be able to afford to maintain reasonable payments towards your debts for 5-6 years. With Bankruptcy if you can afford to make payments these will last for only 3 years. So you will save yourself 2 years of payments.
If you have no surplus income and your situation is unlikely to change you will not have to make any payments towards your debts once you are bankrupt. After 12 months your debt is written off.
If your income is made up solely of benefits you will not have to make further payments towards your debts if you go bankrupt.
Is Bankruptcy or IVA better if you are a Home Owner?
If you are a home owner the decision about bankruptcy or IVA will largely depend on whether there is equity in your property.
Where you have considerable equity you should probably avoid bankruptcy as it would put your home at risk. An IVA on the other hand would allow you to keep your property although you might have to release equity from it.
In a scenario where you have little or no equity it is likely that you will be able to keep your home if you go Bankrupt. As such in these circumstances bankrutpcy can certainly be considered.
Starting an IVA does not necessarily mean that all the equity in your proeprty is protected. You will be obliged to try and release as much as you can in the 5th year.
Bankruptcy or IVA and your Car
In bankruptcy you are allowed to keep a car if you need it. However its value cannot normally be more than £1000. If your vehicle is worth more you would have to sell it and get something cheaper.
However you are allowed to keep a more expensive car in an IVA. Generally speaking it is not a problem if the value is above £1000. As such if you want to keep a more expensive car an IVA might be a better optionfor you.
If your vehicle is currently on HP or a lease you will be able to continue paying this during an IVA. It may also be possible to do so in Bankruptcy as long as the payments are not unreasonable high.
A vehicle worth more than £1000 is exempt from Bankruptcy if it is necessary for the running of your business.
Bankruptcy or IVA and your Credit Rating
There is actually very little difference between Bankruptcy or IVA when it comes to your credit rating. Both solutions are recorded in the same way on your credit file for 6 years.
As such you will find it just as difficult to get new credit whether you start an IVA or go Bankrupt and the effects will last the same length of time. In addition neither of the two are publicised in the local newspaper and your employer is not informed.
You may think you will have a better chance of getting a mortgage in the future if you use an IVA. This is not correct. Lenders are just as likely to give you a mortgage after bankruptcy. In some circumstances you may even be able to do so more quickly.
You should not base your decision about bankruptcy or IVA on how your credit rating will be affected. In this area both solutions will have virtually the same impact.
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