IVA Solicitors

An IVA lets you repay what you can genuinely afford — and writes off the rest. It is a legally binding arrangement with your creditors, not just a promise. A solicitor ensures it is properly structured and approved.

An Individual Voluntary Arrangement is a formal statutory process under the Insolvency Act 1986. A qualified insolvency practitioner prepares a proposal — setting out what you can afford to repay over a defined period (typically 5 years) — and submits it to your creditors. If creditors holding 75% of the value of the debt vote in favour, the IVA binds all unsecured creditors — including those who voted against. On successful completion, the remaining unsecured debt is written off and you are discharged from the arrangement. A solicitor will advise on whether an IVA is the right option and ensure the proposal is properly structured to maximise the chance of creditor approval.

Write off unsecured debts Protect property & assets Stop creditor enforcement Free initial consultation

How an IVA Works

Individual Voluntary Arrangements — the process, the protections, and what happens when it completes.

An IVA is a formal, court-supervised agreement between you and your unsecured creditors. It is not a negotiation — it is a statutory process with binding legal effect. A solicitor and insolvency practitioner will ensure it is correctly prepared and implemented.

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Who is suitable for an IVA?

An IVA is most suitable where: you have unsecured debts of at least £10,000 (typically £15,000 or more); you have a regular income with a surplus (after essential living expenses) that can be paid into the arrangement each month; and you have assets — particularly equity in a property — that you want to protect from the consequences of bankruptcy. An IVA avoids the automatic realisation of assets (including a share of property equity) that bankruptcy produces. A solicitor will assess your overall financial position and advise on whether an IVA or another debt solution is more appropriate for your specific circumstances.

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The proposal — what it contains and how creditors vote

The IVA proposal is a detailed document prepared by the insolvency practitioner — setting out the debts owed, the assets held, income and expenditure, the offer to creditors (typically a monthly contribution over 5 years), and the terms of the arrangement. The proposal is sent to creditors who vote on it — either at a creditors' meeting or by a decision procedure. If creditors representing 75% of the total voting debt value vote in favour, the IVA is approved and binds all creditors — including those who voted against or did not vote. A solicitor will ensure the proposal is compelling and realistic — maximising the chance of the 75% approval threshold being met.

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The moratorium — protection from enforcement during the IVA process

From the moment the nominee (the insolvency practitioner) files the proposal with the court, a moratorium takes effect — creditors cannot take enforcement action (bailiff visits, charging orders, attachment of earnings, bankruptcy petitions) while the proposal is being considered. This provides immediate breathing space. Once the IVA is approved, the moratorium becomes permanent for the duration of the arrangement — creditors bound by the IVA cannot take any independent enforcement action. A solicitor will ensure the moratorium is in place before any creditor takes further action and will challenge any breach of the moratorium by a creditor attempting to enforce outside the IVA.

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Property and equity — the IVA and your home

Where you own a property with equity, the IVA proposal will typically include a clause requiring you to attempt to remortgage in year 4 to release equity for creditors — but only where refinancing is available on reasonable terms. Where no refinancing is available, the arrangement may be extended by 12 months in lieu. The IVA does not automatically force the sale of your home in the way that bankruptcy can — it is one of the key protections an IVA provides over bankruptcy where property equity is a concern. A solicitor will advise on how the equity clause will be structured and what your obligations are in year 4.

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Completing the IVA — discharge and credit

On successful completion of the IVA — all contributions paid, all conditions met — the insolvency practitioner issues a completion certificate and the remaining unsecured debt is written off. You are discharged from the arrangement and the IVA is removed from the Insolvency Register. The IVA remains on your credit file for 6 years from the date it was approved — but on completion, your credit position begins to recover. A solicitor will ensure the completion process is correctly managed and that the insolvency practitioner issues the certificate promptly on the final payment being made.

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IVA failure — what happens and what the options are

Where the debtor cannot maintain the IVA contributions — due to a change in circumstances, a fall in income, or an unexpected expense — the arrangement may fail. A failed IVA does not automatically result in bankruptcy — the insolvency practitioner will first consider whether the proposal can be varied to reflect the changed circumstances. Where the IVA cannot continue on any realistic basis, the supervisor may petition for bankruptcy. A solicitor will advise on the options where an IVA is at risk of failing — including a variation proposal to creditors — and on the consequences of failure versus the options that remain.

How It Works

An IVA writes off the debt you cannot pay and protects the assets bankruptcy would take. It requires an honest assessment of what you can afford — and a proposal creditors will approve.

A solicitor and insolvency practitioner will assess your financial position, advise on whether an IVA is the most appropriate solution, prepare a proposal that is realistic and compelling, and manage the arrangement through to completion.

Submit Your Request
1

Tell us about your debts and financial position

Describe your total unsecured debts, monthly income, essential expenditure, and any assets — particularly any property equity.

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Solicitor advises on the right solution

A debt and insolvency specialist assesses whether an IVA, bankruptcy, a debt management plan, or another solution is most appropriate for your specific circumstances.

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Free initial consultation

You receive honest advice on the options, the process, and the realistic outcome — at no cost and no obligation.

Free Initial Consultation

An IVA is not a last resort — it is a structured legal solution that writes off debt you cannot pay and keeps the assets bankruptcy would take.

Get specialist IVA advice — and find out whether an Individual Voluntary Arrangement is the right solution for your debt situation.

Explore My IVA Options

Common Questions

Individual Voluntary Arrangements — what people ask us.

What debts are included in an IVA?

An IVA covers unsecured debts — credit cards, personal loans, overdrafts, outstanding utility debts, HMRC debts, and most other personal debts. Secured debts — a mortgage, a secured loan — are not included in the IVA and must continue to be paid. Some debts cannot be included in an IVA and cannot be written off by it: student loans, child support arrears, fines, and in some circumstances certain HMRC debts. A solicitor will identify which of your debts are included in the IVA proposal, which continue outside it, and how the arrangement affects your overall financial position.

What happens to my credit rating during an IVA?

An IVA is recorded on your credit file for 6 years from the date of approval. During that period, access to credit (mortgages, credit cards, loans) is severely restricted and typically only available at very high interest rates. On completion of the IVA, the entry remains for the balance of the 6-year period. After 6 years, it is removed and your credit file no longer shows the IVA — allowing your credit score to recover. A solicitor will advise on the credit implications of an IVA relative to the alternatives — including bankruptcy, which also affects credit for 6 years.

Can creditors refuse to approve the IVA?

Yes — creditors vote on the proposal and may reject it, modify it, or approve it as submitted. The 75% by value threshold must be met. Where creditors reject the proposal outright, it fails and the situation reverts. Creditors can also vote to approve the IVA subject to modifications — which the debtor can accept or reject. A solicitor and insolvency practitioner will prepare the proposal at a realistic level — one that offers creditors more than they would likely receive in bankruptcy — to maximise the prospect of approval at the first vote.

Will my employer find out about my IVA?

An IVA is entered on the public Insolvency Register, which is searchable online. However, most employers do not routinely check the register and most employees are not required to disclose an IVA to their employer. Exceptions include certain regulated roles — financial services professionals, legal professionals, and some civil service positions — where ongoing insolvency may affect fitness to practice or security clearance. A solicitor will advise on whether your specific employment has any disclosure obligation, and on the interaction between an IVA and any professional regulatory requirements.

What is the difference between an IVA and a Debt Management Plan?

A Debt Management Plan (DMP) is an informal arrangement — it requires the agreement of all creditors to reduced payments and has no statutory basis. Creditors are not obliged to freeze interest or stop enforcement action. An IVA, by contrast, is a statutory process — creditors representing 75% of the debt can bind all creditors (including dissenters), interest and charges are frozen from the date of the arrangement, and the moratorium stops all enforcement. The write-off on completion of an IVA is also legally final in a way that a DMP settlement is not. A solicitor will advise on whether an IVA or a DMP is more appropriate given the total debt level, creditor mix, and the debtor's income position.

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