The text supplied in this site has been provided by insolvency practitioners, Robson Scott Associates and has been done so to offer alternatives to those ready to Apply Bankruptcy. Alternatives come in the form of consolidation loans, debt management plans and the government backed IVA’s.
You should only Apply Bankruptcy after you have fully reviewed and assessed your financial situation with debt solution professionals. After you Apply Bankruptcy you will set in motion a chain of events which operate outside of your control. Some of which will have a negative impact on your situation. These are detailed on the right hand side in our Apply Bankruptcy chart.
| Bankruptcy | |
| Will I be protected from all my unsecured creditors? | YES |
| Will I avoid having to sell my house to release any equity? |
NO |
| Will interest stop building up? | YES |
| Are creditors obliged to write off any debt not repaid? | YES |
| Are creditors obliged to help? | YES |
| Does the arrangement run for a fixed period? |
YES |
| Will creditors stop chasing me? | YES |
| Does it avoid the stigma of bankruptcy? |
NO |
| Will my problem be advertised in the local paper? | YES |
| Will my problem be advertised in the London Gazette? |
YES |
| Do the advisors have to be qualified and licensed? | YES |
It is advisable before you Apply Bankruptcy to speak with debt recovery specialists who can advise you on alternatives to Bankruptcy. There are numerous alternatives to be considered one of which is an IVA.
An IVA is an alternative to bankruptcy and was introduced in the insolvency act 1986. It allows an individual who has debts usually over £15,000 to make a proposal to their unsecured creditors to reach an affordable monthly settlement. If approved the IVA becomes legally binding and a payment schedule is put in place between the borrower and the lenders. This is usually arranged on a monthly basis over a five year term.
Qualifying for an IVA is relatively straight forward. It is usually based around three core elements.| Bankruptcy | IVA | |
| Will I be protected from all my unsecured creditors? | YES | YES |
| Will I avoid having to sell my house to release any equity? |
NO | YES |
| Will interest stop building up? | YES | YES |
| Are creditors obliged to write off any debt not repaid? | YES | YES |
| Are creditors obliged to help? | YES | YES |
| Does the arrangement run for a fixed period? |
YES | YES |
| Will creditors stop chasing me? | YES | YES |
| Does it avoid the stigma of bankruptcy? |
NO | YES |
| Will my problem be advertised in the local paper? | YES | YES |
| Will my problem be advertised in the London Gazette? | YES | NO |
| Do the advisors have to be qualified and licensed? | YES | YES |
When you Apply Bankruptcy an application is made to the court to be discharged or rid of your debts. That comes with a price however. The price paid is both a substantial amount of up-front court fees that will need to be paid, loss of control of your assets and the reality that you will have been made bankrupt, a situation that can significantly impact your future credit file, ability to get credit and some jobs. This is why it is always advised to seek professional debt advice prior to simply opting to Apply Bankruptcy.
All that being said, bankruptcy is an appropriate solution in situations where the debtor is unable to afford to make reasonable reduced monthly payments. Sometimes bankruptcy is the best tool to use and should not be discounted simply because it is bankruptcy. It be recommended to Apply Bankruptcy after your situation has been reviewed as this may be the best solution to your financial situation.
All the information on this website is for information purposes only, and does not represent advice in any shape or form.