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Is an IVA Better Than Bankruptcy?

Whether an IVA is better than bankruptcy depends entirely on your circumstances — what you owe, what you own, and what you want to protect.

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May not be suitable in all circumstances. Fees apply, read more. Your credit rating may be affected, read more.

Things to know about IVAs

An IVA is a formal insolvency procedure. It must be approved by your creditors, stays on your credit file for six years, fees are taken from your payments, and debts are only written off if you complete it. It isn’t right for everyone.

Read the key risks
  • Creditors must approve it. An IVA only goes ahead if creditors holding at least 75% of the debt that is voted agree. Your proposal can be rejected.
  • Credit file and public register. An IVA stays on your credit file for six years from the start date and is listed on the public Individual Insolvency Register while it runs. Getting credit will be harder.
  • Spending restrictions and annual reviews. You live on an agreed budget for the length of the IVA (usually 5–6 years). Your income and spending are reviewed each year, and your payment can go up.
  • Fees. Fees are taken from your monthly payments, so less of what you pay reaches your creditors. How IVA fees work.
  • Your home. Homeowners are usually asked to release equity in year five. If you can’t remortgage, the IVA is usually extended by up to 12 months.
  • If it fails. If you can’t keep up payments the IVA may fail, you would owe the remaining debt again, and the supervisor may petition for your bankruptcy.
  • Write-off only on completion. Remaining qualifying unsecured debts are only written off if the IVA is completed successfully. Secured debts, court fines, child maintenance, student loans and some other debts can’t be included.
  • Other options may suit you better. A debt management plan, DRO or bankruptcy may be more suitable. IVAs are available in England, Wales and Northern Ireland only; different solutions apply in Scotland.

Both are forms of personal insolvency, and both can give you breathing space from your creditors, but they work very differently. Here’s how to weigh them up.

IVA vs bankruptcy at a glance

IVABankruptcy
TypeFormal agreement with creditorsCourt-based insolvency
Usual length5–6 yearsUsually discharged in 12 months
Your homeUsually kept (equity may be released)May be sold to release equity
Debt written offQualifying debts in the IVA, at the endMost unsecured debts on discharge
On your credit file6 years from the start date6 years from the start date
Public recordIndividual Insolvency RegisterIndividual Insolvency Register

Figures are a general guide and won’t apply to everyone. The right route depends on a full look at your situation — see the official overview of debt options on GOV.UK.

What is an IVA?

An IVA is a legally binding agreement between you and your creditors to repay what you can afford over a set period, usually five to six years, supervised by a licensed insolvency practitioner. It lets you avoid bankruptcy and normally keep your assets, including your home, as long as you keep up the agreed payments. At the end of the term, the qualifying debts included in the arrangement can be written off. Read more about how to apply for an IVA and how an IVA affects your credit rating.

What is bankruptcy?

Bankruptcy can clear most unsecured debts relatively quickly — you’re usually discharged after 12 months — but it can have more serious consequences for your assets. A trustee is appointed to manage your finances and may sell assets that aren’t protected, including your home if there’s equity in it. You can apply directly via GOV.UK.

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What if I’m a homeowner?

This is often the deciding factor. Bankruptcy can stop legal action against you, but depending on how much equity you have, you may be required to sell your home to repay creditors. An IVA usually lets you stay in your home — although near the end of the term you may be asked to release equity by remortgaging, and if that isn’t possible the IVA can be extended by up to 12 months.

How long does bankruptcy take to clear my debts?

Bankruptcy usually lasts 12 months, after which most unsecured debts are discharged. Some debts aren’t included — such as student loans, court fines and child maintenance — and still need to be paid. During the 12 months a trustee manages your finances, and if you have spare income you may have to make payments under an Income Payments Agreement for up to three years. The bankruptcy stays on your credit file for six years from the date of the order.

So which is right for you?

If your main concern is protecting assets like your home and you can afford a regular monthly payment, an IVA may suit you better. If you have little or no income and few assets, bankruptcy — or a Debt Relief Order — may give you a faster fresh start. Neither is right for everyone. Still deciding? Compare an IVA vs a Debt Management Plan.

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