Should I Go Bankrupt or Choose an IVA?

Unsure whether bankruptcy or an IVA is right for you? Learn the key differences, pros and cons, and which option may suit your financial situation

If you’re struggling with unmanageable debt, deciding between bankruptcy and an Individual Voluntary Arrangement (IVA) can feel overwhelming. Both are formal debt solutions designed to help people regain control of their finances, but they work in very different ways and suit different circumstances.

Understanding the key differences can help you make a more confident and informed decision.

What Is Bankruptcy?

Bankruptcy is a legal process that can write off most of your unsecured debts if you cannot afford to repay them. Once you are declared bankrupt, your finances are taken over by an Official Receiver or trustee, who manages your case.

Bankruptcy usually lasts 12 months, after which most remaining debts are written off. However, the financial and practical effects can last longer.

Key features of bankruptcy:

  • Most unsecured debts are written off
  • You may have to sell valuable assets, such as property or vehicles
  • You may be required to make monthly payments for up to three years if you have spare income
  • Your name appears on the public insolvency register
  • Certain jobs and professions may be affected

Bankruptcy is often considered when debts are unmanageable and there’s little realistic chance of repaying them through another solution.

What Is an IVA?

An Individual Voluntary Arrangement (IVA) is a formal agreement between you and your creditors to repay part of your debts over a fixed period , usually five or six years.

Unlike bankruptcy, an IVA allows you to retain control of your assets, provided you stick to the agreed payments. At the end of the arrangement, any remaining unsecured debt included in the IVA is written off.

Key features of an IVA:

  • Monthly payments based on what you can realistically afford
  • Interest and charges frozen once the IVA begins
  • Legal protection from creditor action
  • Typically lasts five or six years
  • Often suitable for people with a stable income

An IVA can be a structured and manageable solution for those who can maintain regular payments but need relief from mounting debt.

Key Differences Between Bankruptcy and an IVA

AreaBankruptcyIVA
LengthUsually 12 monthsUsually 5–6 years
Asset riskAssets may be soldAssets usually protected
Monthly paymentsMay be requiredRequired throughout
Employment impactSome roles affectedFewer restrictions
Public recordInsolvency Register and advertised in the GazetteInsolvency Register
Credit impactRemains for 6 yearsRemains for 6 years

Which Option Might Be Right for You?

Choosing between bankruptcy and an IVA depends on several personal factors:

Bankruptcy may be more suitable if:

  • You have little or no disposable income
  • You rent your home or have no significant assets
  • Your debts are unmanageable and unlikely to be repaid
  • You need a quicker financial reset

An IVA may be more suitable if:

  • You have a regular income
  • You want to protect assets such as your home
  • You can afford a consistent monthly payment
  • You want a structured alternative to bankruptcy

There is no one-size-fits-all answer , the right choice depends entirely on your financial circumstances.

How Do They Affect Your Credit Rating?

Both bankruptcy and an IVA will appear on your credit file for six years from the date they begin. During this time, it can be difficult to obtain credit, and any credit you are offered is likely to come with higher interest rates.

Once the six-year period ends, the record is removed, giving you the opportunity to rebuild your credit gradually.

Getting the Right Advice

Deciding between bankruptcy and an IVA is a significant financial decision that can affect your future for years. It’s important to fully understand the implications of each option before committing.

Speaking to a experienced debt adviser can help you:

  • Understand which option best suits your situation
  • Explore alternatives you may not have considered
  • Avoid costly mistakes

Both bankruptcy and IVAs are legitimate debt solutions designed to help people regain control of their finances. Neither option is right or wrong, the right choice depends on your income, assets, debts, and long-term goals.

If you’re unsure which path is best for you, getting personalised advice can help you move forward with confidence and clarity.

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Credit Rating

An Individual Voluntary Arrangement (IVA) is a formal agreement with creditors to repay a portion of your debts over time, but it does have an impact on your credit score and it will be difficult to obtain further credit whilst on an IVA. Once an IVA is approved, it is recorded on your credit report and will typically remain there for six years from the date it starts.
However, it’s important to note this is the case for most debt solutions and your credit score will likely already have been affected by being in debt in the first place.
Once your IVA is complete you will get a fresh start to begin rebuilding your credit rating.

Fees

IVA costs are charged for the preparation of your proposal and the administration of the arrangement for the full term (usually 5 years) these costs are charged from the monthly contributions you make into the IVA and are not in addition. Costs will only be recovered on approval of your arrangement and once you commence making payments to it. The fees for preparation of the proposal to creditors and calling the meeting for creditors to vote on its approval are called nominees fees, the fees for running the arrangement once approved are called supervisors fees. There are also some expenses incurred in the running of the arrangement such as the registration fee and the statutory insurance that needs to be taken by law, these are called disbursements. For our arrangements, the total of all of these is £3,650 although this may be adjusted by creditors when they vote on whether to accept. No matter what the end total of costs come to, you can be rest assured that these will be taken from the monthly payment we agree with you.