Fast-track Voluntary Arrangement
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Fast-track Voluntary Arrangement
A fast-track voluntary arrangement (FTVA), in the United Kingdom, is a binding agreement with a debtors creditors to pay all or part of the money owed to them. A debtor can only enter into it after they have been made bankrupt. In an FTVA an official receiver acts as nominee; that is, he (or she) helps to prepare a proposal that is put to creditors and, if they accept the proposal, acts as supervisor, looking after the arrangement and making payments to creditors in accordance with the proposal. FTVAs were introduced in 2004 by a 2003 amendment to the Insolvency Act 1986. Official receiver's fees The official receiver's fee to act as nominee is currently £300, and as supervisor he also charges 15% of all sums realised. In addition, a registration fee of £35 for the FTVA is payable in order that the FTVA is recorded on the public register of all individual voluntary arrangement An individual voluntary arrangement (IVA) is a formal alternative in England and Wales for indi ...
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Bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, meaning the term ''bankruptcy'' is not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian , literally meaning . The term is often described as having originated in Renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment. However, the existence of such a ritual is doubted. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into " debt slavery" until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a perio ...
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Nominee
A candidate, or nominee, is a prospective recipient of an award or honor, or a person seeking or being considered for some kind of position. For example, one can be a candidate for membership in a group or election to an office, in which case a candidate selection occurs. " Nomination" is part of the process of selecting a candidate for either election to an office by a political party,''Judicial and Statutory Definitions of Words and Phrases,'' Volume 1, Edition 2, West Publishing Company, 1914p. 588 or the bestowing of an honor or award. This person is called a "nominee", though "nominee" is often used interchangeably with "candidate". A presumptive nominee is a person or organization whose nomination is considered inevitable or highly likely. The phenomenon of being a candidate in a race for either a party nomination or for electoral office is called "candidacy". The term "presumptive candidate" may be used to describe someone who is predicted to be a formal candidate. Etym ...
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Insolvency Act 1986
The Insolvency Act 1986 (c. 45) is an act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK. History The Insolvency Act 1986 followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures. Elements of the Act were updated by the Enterprise Act 2002, which came into effect on 1 April 2004 and introduced amongst other things the popular "out-of-court" administration route,Lyndon Norley, Kirkland & Ellis International LLP and Joseph Swanson and Peter Marshall, Houlihan Lokey (2008). A Practitioner's Guide to Corporate Restructuring. City & Financial Publishing, 1st edition and the allocation of a limited amount of funding released from assets, known as the "prescribed part", which could be made available to support ordinary unsecured creditors ahead of ...
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Individual Voluntary Arrangement
An individual voluntary arrangement (IVA) is a formal alternative in England and Wales for individuals wishing to avoid bankruptcy in England and Wales, bankruptcy. In Scotland, the equivalent statutory debt solution is known as a protected trust deed. The IVA was established by and is governed by Part VIII of the Insolvency Act 1986. It constitutes a formal repayment proposal presented to a debtor's creditors via an insolvency practitioner. Usually but not necessarily, the IVA comprises only the claims of unsecured creditors and leaves the rights of secured creditors largely unchanged. Insolvency practitioners charge initial and ongoing fees that are in addition to the debt. An IVA is a composition with creditors, contractual arrangement with creditors and can be as flexible as an individual's own circumstances. It can therefore be based on capital, income, third-party payments or a combination of those. In this process, a debtor who has enough money left over after priori ...
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Bankruptcy In The United Kingdom
Bankruptcy in the United Kingdom is divided into separate local regimes for England and Wales, for Northern Ireland, and for Scotland. There is also a UK insolvency law which applies across the United Kingdom, since bankruptcy refers only to insolvency of individuals and partnerships. Other procedures, for example administration and liquidation, apply to insolvent companies. However, the term 'bankruptcy' is often used when referring to insolvent companies in the general media. Bankruptcy in England and Wales In England and Wales, bankruptcy is governed by Part IX of the Insolvency Act 1986 (as amended) and by the Insolvency Rules 1986 (as amended). The term bankruptcy applies only to individuals, not to companies or other legal entities. An individual may be made bankrupt only by court order following the presentation of a bankruptcy petition. An individual may present his own petition on the ground that he is insolvent, i.e. unable to pay his debts. A creditor or creditors may ...
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Law Of The United Kingdom
The United Kingdom has three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law (in the joint jurisdiction of England and Wales), Scots law, Northern Ireland law, and, since 2007, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system. In fulfilment of its former EU treaty obligations, European Union directives had been transposed into the UK legal system on an ongoing basis by the UK parliament. Upon Brexit, non-transposed EU law (such as regulations) was transplanted into domestic law as "retained EU law", with an additional period of alignment with EU law during the transition period from 31 January to 31 December 2020. Legal jurisdictions There are three distinct legal jurisdictions in the United Kingdom: England and Wales, Northern Ireland and Scotland. Each has its own legal system, distinct history a ...
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