Bankruptcy does not have to be your last option out of spiralling debt. Bankruptcy should only be considered as a last resort, and it is important to remember the number of disadvantages that come along with it.
Our One Advice advisors are on hand to offer you a number of other options available, such as:
IVA - Individual Voluntary Arrangement: An IVA is a legally binding contract between the debtor and their creditor. An IVA allows you to make one monthly payment for 60 months, then all the unpaid debt is written off.
Protected Trust Deed: This is the equivalent to an IVA for residents of Scotland. Like an IVA, it is legally binding and requires the debtor to make set monthly payments
Debt Management Plan: A Debt Management Plan is an informal agreement with your creditors. You pay a reduced monthly amount to One Advice which we will fairly distribute amongst your creditors.
Still not sure which option is right for you? Take the One Advice 1 Minute Debt Test to see what debt solution suits your financial circumstances.
| Bankruptcy | IVA | |
| Is my name kept private? | No, bankruptcy orders are advertised in your local paper | Yes, an IVA is not advertised. Although details can be found on a government website. |
| Will my IVA remain private? | No, everyone that you are financially connected with, such as your landlord, will be contacted | Yes, only creditors are notified. |
| Can I still run a business? | No, normally any business will be closed immediately. Certain employment situations will also be hindered. | Yes, you can still be a company director or practice professional roles involving finance |
| Will I have control over my assets? | No, any asset that can be sold to raise money for your creditors will be, such as your house. Any that are acquired during the bankruptcy term, such as inheritances are also lost. | Yes, some assets can be excluded from your proposal. |
| Can I keep my bank account? | No, bank accounts, credit cards will be closed and hire purchases cancelled. | Yes, although some extra facilities, such as overdrafts, may be removed. |
| Can I avoid going to court? | No, you will always have to go to court. | Yes, as long as you are available to answer questions on the phone at the time of the creditors meeting. |
| Am I legally protected from my creditors? | No, your creditors may look to sell your assets and take any appropriate action against you. | Yes, court proceedings cannot be brought against you regarding any of debts bound by the IVA. |
Among these advantages, an IVA will save you worry and give you peace of mind, as your own personal Insolvency Practitioner will deal with your creditors for you.
The number of people choosing to file for bankruptcy is increasing year upon year but there are other ways out, such as the Government initiated IVA. One Advice can offer you complimentary help and professional advice, so please call our free on 0800 048 1752 or fill in our online form today.