Stop your IVA and go Bankrupt

Stop your IVA and go Bankrupt

It is possible to stop your IVA and then go Bankrupt. You may want to do this if your circumstances have changed or you feel the Arrangement is the wrong solution for you.

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Why would you Stop your IVA and go Bankrupt?

There are a number of reasons you might decide to stop your IVA and then go bankrupt. Perhaps you are struggling with the payments and cannot agree a reduction with your IVA Company.

Alternatively you may have started the Arrangement without considering all your options. You were simply desperate to get a solution in place and feel you were talked into it without the alternatives being properly explained.

What ever the reason once you make the decision you can stop your Agreement at any time. Once it is formally failed you are free to go bankrupt if you wish.

If you stop your IVA it is unlikely you will be forced to go bankrupt unless one of your creditors is HMRC.

How to Stop an existing IVA

It is possible to stop your IVA at any time by letting it fail. You do this by simply cancelling your monthly payment. You also need to tell your Insolvency Practitioner (IP) about your decision.

Your IP will normally require you to confirm in writing that you want them to fail the Arrangement. They will then begin the process. Once this is done you will receive a letter from them confirming the failure and that they are no longer acting as your supervisor.

It can take 3-6 months for your IP to fail your IVA. Very often they will not do so until your payments are 3 months in arrears. However they may be prepared to act more quickly after you have given your written consent.

Once you have instructed your IVA company to fail the Arrangement you can go bankrupt at any time. You do not have to wait for the termination letter from your IP.

Struggling to get your head round all of this? We can help. Call us (0800 011 4712) or complete the form below. The advice is free and confidential.

What happens to the Money you have paid into your IVA?

After you stop your IVA the money you have already paid into the Arrangement will be lost. You will not be able to recover any of it.

The cash is first used to pay any of your IVA company’s fees that are due. Any excess is then distributed to your creditors to reduce the balances you owe them.

As a result if you have not made many payments or the amount you were paying was relatively low your overall debt may be the same as when you started.

Once you are bankrupt you may still have to make a payments towards your debts if you have disposable income. This would be for 3 years.

Is your House at risk if you Stop your IVA and go Bankrupt?

The decision to stop your IVA and then go Bankrupt is more complicated if you are a home owner. You will first have to consider how much equity is in your property.

If there is little or no equity your home is unlikely to be at risk. In these circumstances you would be able to buy back your interest for £1000.

However if you have substantial equity it is likely your share would have to be released. If the money cannot be raised in any other way the Official Receiver in charge of your bankruptcy could force the sale of the property to achieve this.

In these circumstances, bankruptcy may not be a sensible option.

Want to stop your IVA and go bankrupt? Call us (0800 011 4712) or complete the form below for free confidential advice.

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14 thoughts on “Stop your IVA and go Bankrupt

    Paulc says:

    I have been on an iva for 2 years now and i have just found out that it could stay on my file for 5 years after my iva finishes, shall i cancel it?

      Hi Paulc

      The information you have found out is not correct. The record of your IVA remains on your credit file for 6 years from the start date. After that it comes off automatically by law and your credit rating will dramatically improve. It does not remain for a further 5 years after the Arrangement finishes.

      Even if you were to cancel your IVA, the record of it having existed will still remain on your file for the full 6 years from the date it started. Given this it would not be sensible to cancel unless you are really struggling and can no longer afford to pay it.

    Iain says:

    Hi, I’ve been in an iva for 4 months, have zero assets and lodge in a shared house. I’m wanting to try and rent privately which will be more expensive as I have children who don’t live with me. Is going bankrupt an option for me?
    Kind regards

      Hi Ian

      Given you have no assets, I would say that being in an IVA is giving you no benefit and you would be better off going bankrupt. At the very least you would save yourself at least 2 years of monthly payments.

      In bankruptcy you would be allowed a larger budget to rent somewhere suitable for your children to stay with you. That said, because your IVA has now affected your credit rating, it will not be easy finding accommodation to rent through a letting agent.

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