The Insolvency Act 1986, Insolvent Partnerships Order 1994 and the Enterprise Act 2002 provide wider choices for individuals with insolvency issues.
Many struggling with debt are unaware of the range of options available to them. Those in personal financial crisis should ensure that they take advice early from an insolvency specialist to ensure that the right option is chosen for their particular circumstances.
We have a team specially dedicated to this type of insolvency which can be one of the most difficult areas to deal with, because of the direct affect it can have on the family and personal life of an individual.
Our team have a wealth of experience dealing with bankruptcy, individual voluntary arrangements and partnership issues.
We offer an initial free advice session to allow you to discuss issues with us in a confidential and professional environment and establish whether there is anything we can provide that would assist you and if appropriate your business. Our approach is straightforward, non-judgemental and sympathetic.
Options may include one of the following:-
Individual Voluntary Arrangements (IVA)
This is an arrangement between yourself (the debtor) and your creditors. It is a formal procedure under the Insolvency Act 1986 which is supervised by a licensed insolvency practitioner. The supervisor has a duty to ensure the debtor adheres to the terms of his/her arrangement. Please follow the link for more information.
Bankruptcy affects only individuals. Those individuals may include persons operating a business as a sole trader or in partnership with others, as well as those with credit card and loan debts. The period of Bankruptcy is generally one year but can be shorter when the Bankrupt gets early discharge. Please follow the link for more information.
Negotiated Agreements with creditors
Are informal agreements to repay in full, or in part, the money you owe. However, such agreements are not legally binding on your creditors like some of the other options described here and your creditors may still take formal action against you if circumstances change.
As the title suggests, a negotiation potentially combining a rescheduling of debts and refinancing assets to provide a solution.
Debt Management Plans ‘DMP’
A DMP or Debt Management Proposal is not a formal insolvency procedure but an informal agreement between a debtor and his/her creditors to a repayment schedule. Under such an agreement a debtor would make payments to creditors from surplus monthly income pro rata to the value of their claims.
County Court Administration Orders ‘AO’
If you have two or more debts, owe less than £5,000 in total and have an unpaid County Court Judgement ‘CCJ’ against you, you may be able to obtain an AO which is a legally binding agreement between you and your creditors to enable you to pay what you owe to them over a period of time.
Debt Relief Orders ‘DRO’
If you owe less than £20,000 in total and don’t have many assets or much spare income a DRO may be a way to deal with your debts, and at the end of the DRO period, usually 12 months, your DRO debts will be written off.
To access information on a range of debt solutions, please visit https://www.gov.uk/government/organisations/insolvency-service
Please download the following PDF for more information “In Debt – dealing with you creditors”
Director of Recovery and Restructuring
0191 256 9500