IVA or Bankruptcy

[varda]

My husband and I have unsecured debts of approx. £49k we are currently paying £260 pm via DMP with th CCCS. We are finding it hard going but have tuck to it for the last 12 months with a bit of help from family and friends which obviously can't go on forever. We are up to date with our mortgage payments and th current balance outstanding is £145k. We also have a secured loan with a balance of £53k owing this is also paid up to date with the exception of this months payment which we cannot meet as my husband's income was about half the usual amount this month due to lack of work and a weeks sick absence for which he didn't get paid. The question is are we better going down the bankruptcy route bearing in mind we both have debts some joint and some individual. We really don't want to lose our home as my OAP mothr lives with us and the house blonged to her and my father previuosly. She would like to stay put at her time of life. What do we do Bankruptcy or IVA. also how would it work for both of us.

[Wintry]

Hi Varda. A tricky situation that many people are finding themselves in, with realistic decisions to face and to be made perhaps. From what I have read you would need to provide much more information on your overall circumstances before anyone could really & sensibly help you further. Have you spoke with CCCS about your current situation and the short and long term options available to you ?>

[loobyloo85]

Hi there

 

Well in bankruptcy, your property is likely to be affected, dependant on how much equity is in the property. However, there is an upfront cost to bankruptcy of £600 and you may be asked to pay into an income payment order for 3 years.

In an IVA, you would be required to remortgage in the 4th year to release 85% loan to value of your equity (value of home x 85% - mortgage/secured loan balances). At the moment, with property values being so low, you may not have to pay any equity in at all, and all assets along with your property are fully safe in an IVA.

[blind-as-a-bat]

Hi there

 

Well in bankruptcy, your property is likely to be affected, dependant on how much equity is in the property. However, there is an upfront cost to bankruptcy of £600 and you may be asked to pay into an income payment order for 3 years.

In an IVA, you would be required to remortgage in the 4th year to release 85% loan to value of your equity (value of home x 85% - mortgage/secured loan balances). At the moment, with property values being so low, you may not have to pay any equity in at all, and all assets along with your property are fully safe in an IVA.

 

 

............ but in some IVA agreemants if you cannot free up the equity expected, the IVA may last longer.

 

Depends if the IP needs to make the 'if' 'or' offer to get the creditors agreemant.

 

If you have no equity, after all secured debts, then the property in nearly all cases, or to be more accurate any future equity in the property, can be bought back from the official reciever for £1 plus legal fees (£250-460).

 

So Bankruptcy may be an option, without loseing your home, but they may take into consideration the cost of the mortgage against cost of local rentals, so it is not just equity to worry about, but it is rare that comes into play.

 

As Wintry says, more info needed to give you any meaningfull help, but hope that helps a little

[loobyloo85]

............ but in some IVA agreemants if you cannot free up the equity expected, the IVA may last longer.

 

Yes this is right - if you cannot remortgage, you must provide evidence of this, and propsoe to them pay an extra 12 months payments in lieu of equity on the end of your IVA, so the maximum IVA period would be 6 years. However, you would still keep your property.