Do you want to stop your IVA and go bankrupt? Perhaps you are struggling with your payments or have got into additional debt. You are legally allowed to make the switch if you decide to do so.
Our experts have all the information and advice you need to make your decision and assist you through the process.
Contents
Advantages if you stop your IVA and go bankrupt
There are some common reasons why you might stop your IVA and go bankrupt.
Firstly, perhaps you can’t afford to keep up the monthly payments. This may be because your income has fallen or living expenses have increased. In these circumstances, if you stop your IVA and go bankrupt, you are unlikely to have to make any further payments towards your debts (given you have little or no surplus income). You will then be debt free in just 1 year.
Secondly, you may have discovered additional debt or had to borrow more since your IVA started. Going bankrupt will include of all of your debts – both old and new. Everything you now owe will be written off.
Thirdly, you may feel that you did not get proper advice about the option of bankruptcy when you started your IVA. It may have always been the better option for you.
Is it possible to cancel an IVA?
You are allowed to stop your IVA at any time during the Arrangement. Your creditors can’t break the agreement, but you can cancel it.
The way to cancel your IVA is to first stop making the payments. If you pay by standing order or direct debit, you can just cancel this using your banking app or by calling your bank.
If your IVA company takes your payments direct from your debit card (called a continuous payment authority), your bank can’t stop them. For this reason, you will need to report the card as stolen. The bank will issue a new one with slightly different details. Further payments therefore can’t be taken.
When your IVA company contacts you, tell them you have decided to go bankrupt and to cancel your IVA. They may try to persuade you to stick with it. But if your mind is made up, there is nothing they can do to stop you.
Don’t stop your IVA unless you have taken advice. You need to have a clear understanding of whether switching from an IVA to bankruptcy is the best option for you. To speak to an expert, get in touch with us today.
Will your creditors start chasing you?
Once you stop paying, your creditors (the people you still owe money to) will not immediately start chasing you. This is because they still think your IVA is running.
They will not be made aware of the situation until your IVA company writes to them confirming the agreement has been terminated. This is unlikely to happen for at least 3-6 months after you stop paying. As a result, you have plenty of time to apply for bankruptcy.
It is extremely unlikely that your creditors will make you bankrupt themselves. The reason for this is that it is not in their interest. They will get less money back overall.
Do you have to wait for your IVA to be cancelled before going bankrupt?
You can go bankrupt immediately after you stop your IVA. There is no obligation on you to wait for it to be formally terminated.
Once you have made the decision, it is usually best to go bankrupt as soon as possible. Why? Simply because the sooner you start the process, the sooner it will be over.
You will only be bankrupt for 12 months. So if you go bankrupt now, you are likely to be debt free after just 1 year from reading this article.
After you stop your IVA, what happens to the money already paid in?
After you stop your IVA and go bankrupt, you need to understand that the money you have already paid into the Arrangement will be lost.
What actually happens to the funds depends how long you have been in the Arrangement (and the amount you were paying).
If you have only been paying for a year or so, it is likely that most if not all will be taken by the IVA company in fees. Where you have been paying for longer, more will have been paid off your original debts. However, amount you the still owe does not really matter. This is because once you go bankrupt, what happens is the same regardless of the amount you owe.
When is it best to not stop your IVA?
The option to stop your IVA and go bankrupt is not suitable for everyone.
- Homeowners – If you own your property and particularly where there is a significant amount of equity, bankruptcy is unlikely to be suitable for you. It may be best to stick with your IVA or consider a debt management plan.
- Short time left on your IVA – If you are already in the 5th or 6th year of your IVA, cancelling now might be a mistake. If you can afford to pay something towards your debts, you could be forced to pay for another 3 years if you go bankrupt.
- Your car is worth more than £2000 – In these circumstances, your vehicle would be at risk if you go bankrupt. You need to think carefully about whether you would be prepared to sell it and get a cheaper one.
- Company directors – You will not be able to continue working as a company director for the year you are bankrupt. You need to avoid cancelling your IVA and going bankrupt if this will cause you a problem.
Before making any decision to stop your IVA, contact the Bankruptcy Guide experts for further advice.
Share this post
Completely FREE advice
Confidential conversations
Expert help always at hand
We've helped 1,000s of people get back on track with their finances.
James Falla has been a fantastic support with concise information in a friendly and professional way and helped me all the way through my bankruptcy. I am very happy and grateful for his help and advice.
Malcolm F
November 13, 2024
The most important thing for me during the whole process of considering bankruptcy and then actually applying for it – which is obviously both distressing and stressful – was the fact that James Falla from Wilmott Turner was usually readily available by phone, at the very latest within a 24 hour period.
I found James’ prompt response together with his calm manner to be very reassuring and a great help to me mentally in coping with it all.
Norina C
November 13, 2024
James Falla has been extremely helpful through this time, and has made the bankruptcy process stress free and answered any questions or queries I had about the process. Would highly recommend.
Danny T
November 8, 2024
James Falla is compassionate and understood the sensitivity of dealing with me.
James, I cannot thank you enough for your help and assistance with this process always there for a chat and guidance where needed even if it was on your own time.
Thank you again for all your help and support.
J Barber
November 4, 2024
Nathan R
October 31, 2024
“Dear all, I can recommend the bankruptcy service provided by James Falla at Wilmott Turner. Incredibly professional and understanding to my needs and above all patient, during a particularly stressful time.
If your worried about your finances and looking for various solutions. This brilliant financial services company will take you & treat you, brilliantly through the process. Highly, highly recommend.”
David B
September 11, 2024
“Can’t recommend James Falla enough. He has helped me through a very tough and stressful time and taken a lot of stress and worry away from me through the whole bankruptcy process. Thank you”
Martin B
September 6, 2024
“I have been a financial advisor for 20 years. When I needed financial help, I needed to speak to someone that was empathetic, professional, and could answer my many questions. James is all of that and more. He has been patient, professional, empathetic, firm and diligent. He always responds to my phone calls and emails the same or next day. He has made what would have been the most stressful year of my life, relatively stress free.
James has been by my side for the last 18 months, and I feel I have gained a friend. I couldnt have done it without your help, so I am forever thankful.”
Dan P
August 8, 2024
“Thank you James for the outstanding Bankruptcy service. I didn’t have a clue how to do this & I recommend your service to anyone a professional cost efficient great service.
Today I was discharged from bankruptcy. At the beginning it was a nightmare but now I have a fresh start. Its amazing thank you so much, so appreciated.”
J Rudge
August 3, 2024
“The advice and support I have received from James Falla has been invaluable. I found James to be respectful and understanding. At no point did I feel judged on the situation that I had found myself in financially.
With the support of James I felt incredibly more at ease to move forward with my debt solution.
I would without hesitation, highly recommend his services to anyone looking for debt advice.”
Scott D
July 31, 2024
“James’s expertise and advice was invaluable. He always answered any queries promptly and made the whole bankruptcy process a lot easier than I had imagined. I highly recommend his services.”
Mark B
July 26, 2024
“James, you were simply fantastic. You guided me through the process perfectly. Your manner with me was impeccable and I could not have wanted more. From the very first meeting I made you aware of my condition which can affect my understanding and you took it upon yourself to make sure I understood the options that were available to me, but more importantly, which options were appropriate for me.
The feeling of relief that this chapter of worry is behind me is down, in the most part, to yourself – had you not been so approachable, I likely would not have felt comfortable discussing my situation with you. The services you offer, and more importantly you, have put at ease the most extended and worrisome years of my life. Thank you”
Dan N
July 9, 2024
“Hi James
Thanks again for your help. I know I may be hard work, but I really appreciate all your help. I’m not sure I could have survived without you (in the literal sense). The service you offer to those going through difficult times really is life changing.
Thanks again.
Dan”
Dan P
July 5, 2024
“This was a very smooth process. The company was very compassionate with my needs and very supportive”
Vickie G
June 20, 2024
“Had some really good debt advice from James Falla. He is really helpful. He personally went through my situation and gave me the best advice. really appreciated.”
A Lawson
June 15, 2024
“I used James’s service in 2020 when I declared bankruptcy. His help was great, especially during times when I didn’t know what I was supposed to do.
Now, I had to deal with the last part of the whole experience, removing the charge from my property. James was again, extremely helpful, guiding me in the right direction and suggesting the right things to say. The charge was removed and my final offer was much lower than what they wanted me to pay initially.
Thank you very much James! A true professional that I can’t recommend enough.”
MV Faur
June 10, 2024
“James, I cannot thank you enough for the hand holding and support you gave during the beginning, middle and end of the bankruptcy process. Without your assistance and support I would have literally gone mad stir crazy!!! As you are aware I will recommend your service to anyone in my position in the future.”
Doug A
June 6, 2024
“Very clear and concise information. Excellent communication. Happy with all aspects.”
Nathan B
June 4, 2024
“James Falla has been extremely helpful, with my application I did, for bankruptcy. He certainly did put my mind at rest, when I had questions, which I needed answering. This has certainly made the application a lot smoother, for me.”
Shelley T
May 23, 2024
“James Falla supported and guided me through one of the toughest times of my life. He gave me clear advice and his service meant that I could rest assured, knowing that my insolvency application was being handled with the utmost expertise and professionalism. I am now the other side of my bankruptcy with savings and well managed credit that is gradually repairing my credit rating. Contacting Wilmott Turner was absolutely the best decision I made at that time. Thank you James.”
Anton C
April 30, 2024
“I highly recommend Wilmott Turner Financial Services. James Falla has been amazing with total support, help and advice. From day one, he explained the process of my bankruptcy from start to finish and nothing was too much for him to help with. I am now discharged from my bankruptcy after 12 months and I’m overjoyed and stress free. I highly recommend anyone with financial distress to contact James.”
J Jones
April 18, 2024
“After first speaking to James Falla he has put my mind at ease and helped me thoroughly with the process of going bankrupt. The service he has provided me has been exceptional and I am very happy I have had his support and knowledge to help me with the whole process.”
Ben T
April 9, 2024
“Great advice and support during my bankruptcy. I will share your services with others. Thank you!”
AB Patrice
April 2, 2024
“James Falla was fantastic. From start to finish he explained everything very clearly. Can’t thank him enough for what he did.”
Hannah R
March 27, 2024
“James has been absolutely brilliant, he really knows his stuff and has helped me in finding the best debt solution for my own personal circumstances. I was in a very dark place before I found James, and he helped me see that there was hope and light at the end of the tunnel. He didn’t judge and doesn’t just read off a script! I don’t know where I would be now without him. A very heartfelt thank you and I would definitely recommend him.”
Natalie B
March 19, 2024
“James, I wanted to take a moment to express my deepest gratitude for your invaluable support and guidance throughout the process of resolving my complex financial situation.
I cannot emphasize enough how much your professionalism and friendliness meant to me during this challenging time. Your willingness to listen attentively to my concerns and provide prompt, thorough responses to my inquiries alleviated much of the stress I was experiencing.
Your openness and transparency throughout the process were greatly appreciated and helped me feel reassured every step of the way. I wholeheartedly recommend your services to anyone facing similar challenges. Your support has made a significant difference in my life.”
JB Mafa
March 13, 2024
“From my initial enquiry, looking for advice in a very difficult situation was made so easy by the expertise and knowledge of James Falla. James was always at the end of the phone to reassure me, answer my questions and offering advice, even at the weekends!
His support and guidance throughout the whole bankruptcy process has been invaluable and reduced any stress and anxieties and helped me sleep at night and not worry.
The fees are very fair for the level of support & advice provided, and a small price to pay to know you’ve done everything right. Thank you James! Sarah.”
Sarah M
March 11, 2024
“Hi James, Thank you for your advice. I’m at the end of my IPA agreement. I can’t thank you enough. Thank you.”
Paul B
March 4, 2024
“James Falla really helped me get through a very difficult time. He guided me through the process and was with me at every step. Personable and professional, I strongly recommend he and his services.”
Nav G
March 1, 2024
“I have received exceptional service from James Falla. His knowledge and guidance through a very stressful time has been exemplary. He has continued to provide advice and support throughout my insolvency period.
Without a doubt he has provided excellent value for money and I would very much recommend his services. I would not advise going through any of the available debt processes without his help.”
J Sharp
February 21, 2024
“I’m thankful for James Falla’s wonderful support through the bankruptcy process. I recommend his services to anyone in financial difficulties. Thanks.”
Joel Boah
February 20, 2024
“Hi James, I’m really so relieved about the result of your help with my bankruptcy. Now that I’ve had a short while for it to sink in, I know it really is going to change my life! Your absolute confidence and support throughout the whole procedure, carried out over just a few weeks was really great. I couldn’t have managed very well on my own and would definitely have got bogged down with it all. Your fee has been worth absolutely every penny.
Although it was obviously my mismanagement which caused all the problems, I’d arrived in a position which I couldn’t cope with and you’ve helped me totally deal with it.
Many thanks again! A fresh start as they say, which can happen at any age : )”
Godfrey
February 15, 2024
“Thank you to James Falla for your invaluable help in taking the stress away from a very difficult situation. Your help with my bankruptcy has been amazing and I appreciate everything you’ve done for me.”
Ian E
February 14, 2024
“James Falla has helped me tremendously through what has been one of the most daunting experiences of my life. He answered all my questions and offered reassurance when necessary.
For anyone who is facing or considering bankruptcy, I urge you to make the call to James. You will not regret doing so.”
Paul A
February 1, 2024
“Very pleased with the service and advice, would highly recommend. Makes and stressful experience manageable. Having James Falla to talk it all through with really helps.”
Elly O
January 22, 2024
“Hi James. Thanks again for all your help with my bankruptcy, you’ve been worth every penny and some!! I’d have been in a right pickle without your assistance. You’ve been so much help through this depressing time. 2 more weeks and I will be free of this bankruptcy and can start moving forward with my life. Thanks again mate 👍🏻”
Ben R
January 15, 2024
“Hi James, thanks very much for your message about my discharge from Bankruptcy, that really good news.
Paul T
January 5, 2024
“James Falla is a great guy who explained everything to me in a simple and easy to understand way. I was able to get in touch with him quickly when I had any concerns. Everything with my bankruptcy happened just as he had predicted. Absolutely great services from him and of course the company. Outstanding.”
Steven H
January 3, 2024
“James has been absolutely fantastic and helpful throughout the whole pross. He has been an absolute hero.”
Johnathan N
November 29, 2023
“James Falla was brilliant. He talked me through everything and made the whole bankruptcy process stress free and easy to understand. I’d highly recommend his service to anyone in need going forward in the future.”
Brian B
November 9, 2023
“Hello James. Thank you for the confirmation of discharge from bankruptcy, it feels good to have that weight off my mind. I’d like to thank you personally for making it a lot less scary than I imagined! Your service and down to earth manner was refreshing and dispelled any anxieties I had about the whole process. I have, and will continue to recommend you as a Financial Advisor if I hear of anyone in the same position as I was. I wish you all the best in the future, and if I need further assistance, you’ll be the first port of call. “
Gerry C
October 30, 2023
“Hi James, Hope you are well. Thank you so much for your help last year, I honestly couldn’t of done it without you. You solved all of our problems and made things a whole lot easier. I dread to think what our situation would be now if we hadn’t of gone through the bankruptcy process! Thanks again!”
Pamplin
October 25, 2023
“Fantastic service from start to finish. Most professional and helpful company I’ve ever dealt with. James Falla made the bankruptcy process feel easy and comfortable. Thank you for all your assistance.”
David E
October 19, 2023
“James Falla was really pleasant and friendly to talk to and there when needed. Any questions answered. I would definitely recommend his services.”
S Smallwood
October 9, 2023
What we can do
Assistance with going Bankrupt
- Application form completed correctly
- Preparation for Official Receiver interview
- Ongoing 12 month support
Self Employed Bankruptcy
- Business income and expenses forecast
- Bank account advice
- On-going support with 3 line accounts
Switch from IVA to Bankruptcy
- Help with cancelling IVA
- Support through bankruptcy process
- On-going support during bankruptcy
Support if Already Bankrupt
- Completion of PIQB questionnaire
- Preparation for OR interview
- Assistance with OR info requests