01275 859143 Testimonials

“We Had Lost Almost Everything and We Were Desperate Not to Lose Our Home”

When a construction business collapsed and personal guarantees crystallised, a full and final IVA resolved everything — in ten months, with a single payment.

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How it started

We ran a family construction company that had traded successfully for a number of years. The business had grown, but cash flow was always tight — and that problem was made worse by the behaviour of our customers. They were larger companies with more leverage than us, and we found ourselves at their mercy. Some didn’t pay on time. Some withheld retentions after remedial works had been completed. Others simply didn’t pay at all. We did everything we could to keep the business alive, but in the end it had to go into liquidation.

THE RESULT

The Outcome, in brief

£335,000 of personal debt resolved in full
Home valued at £1.4 million protected throughout
Full and final IVA accepted — single lump sum, no ongoing contributions
Loss of home and bankruptcy avoided
Informal creditor approval sought before any costs were incurred
Debt free within ten months of first meeting with Lightside
Free to act as directors of a new business immediately
Joint venture land development with neighbours able to proceed

Priti Shah, Lightside Financial  ·  Referred by Insolvency Practitioner

We instructed Lightside. Everything Priti said would happen did happen. We kept our home. We are debt free.

Facing personal guarantees or the threat of losing your home?

If a business failure has left you facing personal guarantees, credit card debt, or the prospect of losing your home, the position is rarely as straightforward — or as hopeless — as it first appears. The right structure can make the difference. We are happy to talk through your situation before you commit to anything.

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The work behind the outcome

The IVA was accepted. A single lump sum was paid. Mr. and Mrs. B were debt free within ten months of their first meeting with Lightside. Their home was protected. They were free to act as directors of a new business — this time in healthcare, a deliberate fresh start in a different direction. And the joint venture land development with their neighbours — the project that had brought them all together in the first place — could finally go ahead.

Questions about this situation

Full and final IVA — what people most want to know

A standard IVA typically involves fixed monthly payments over five or six years, after which the remaining debt is written off. A full and final IVA replaces all of those payments with a single lump sum, paid upfront or within a short window. The lump sum is usually funded by a third party — a family member, friend, or business associate — and is offered to creditors in complete settlement of everything owed.

Once paid, the arrangement is complete and the debtor is free of all included debts. For creditors, the attraction is certainty: they receive a fixed sum immediately, rather than waiting years for monthly contributions that may not materialise if circumstances change.

For an IVA to be approved, creditors representing 75% by value of those who actually vote must vote in favour. Crucially, creditors who do not respond are not counted — only the votes cast matter. Once approved, the IVA is legally binding on all unsecured creditors included in the proposal, including those who voted against it or did not vote at all.

Yes — in most cases, the family home is not at risk in an IVA. An IVA deals with unsecured debts; your mortgage and any secured charges remain outside the arrangement. In a standard IVA, creditors may require you to attempt to release equity from the property in the later years of the arrangement, but this is subject to the equity actually being available and remortgaging being feasible.

In a full and final IVA funded by a third-party lump sum — as in Mr. and Mrs. B’s case — this remortgage requirement does not arise. The property was never at risk. What matters most is that all interests secured against the property are properly identified and accounted for in the creditor comparison, so that the equity position is presented accurately.

When a company enters liquidation, any personal guarantees signed by directors crystallise immediately — they become personal debts of the individual who signed them. The guarantee holder (typically a lender, supplier, or landlord) is entitled to pursue the guarantor directly for the full amount.

Personal guarantees do not disappear with the company; they survive the liquidation and rank as unsecured personal debts. Where the combined total of personal guarantee debt and other personal liabilities is too large to manage, the options are broadly the same as for any personal debt: a negotiated arrangement with creditors, a formal IVA, or bankruptcy.

The distinction matters because each option has different consequences for the home, directorship, and how long the process takes. Getting a clear comparison of those options early — before creditors begin pressing — is almost always the most important step.

A high property value does not automatically mean creditors have access to significant equity. The calculation begins with the market value and then deducts: the outstanding mortgage balance; the estimated costs of a sale; and any other interests properly secured against the title — such as charges, restrictions, or secured loans registered at HM Land Registry.

In Mr. and Mrs. B’s case, the property was valued at £1.4 million, but once the secured neighbour loan was accounted for alongside the mortgage, the equity available to unsecured creditors was negligible. Presenting that calculation clearly — and accurately — is fundamental to making the IVA case to creditors.

For an IVA to be approved, 75% by value of the creditors who vote must vote in favour. For example, if there is £50,000 of debt but only one creditor — owed £10,000 — votes in favour and none of the others vote, then despite representing only 20% of the total amount owed, that single vote counts as 100% of the creditors who voted. The IVA is therefore approved and binding on all creditors in the proposal. There are some variants to this rule when connected parties — such as a family member who is also a creditor — are involved, and how their votes are counted is treated differently.

Once the 75% threshold is met, the IVA is legally binding on all unsecured creditors included in the proposal — including those who voted against it. This is one of the reasons why seeking informal indications of support before the formal vote is valuable: it allows the proposal to be refined before costs are incurred and avoids the risk of a failed vote.

Yes. Unlike bankruptcy, an IVA does not automatically disqualify you from acting as a company director. There are no statutory restrictions on directorship arising from an IVA alone. You should, however, check the articles of association of any company you are involved with, as some contain clauses that are triggered by insolvency proceedings.

In practice, for people who want to continue trading or start a new business after a business failure, an IVA is often the preferred route precisely because it does not carry the directorship restrictions that accompany bankruptcy. This was significant for Mr. and Mrs. B, who were able to move into a new business in healthcare immediately, even before the IVA was completed.

The answer depends on the specific circumstances — particularly whether a lump sum is available, what assets are involved, and what restrictions are acceptable. Bankruptcy writes off all unsecured debts but carries restrictions that last for a minimum of twelve months and may affect directorship, borrowing, and certain professional licences. It also puts a trustee in a position to investigate assets and, potentially, to realise equity in property.

An IVA offers some control and fewer restrictions, but requires creditor approval, and an insolvency practitioner still supervises — much like an insolvency practitioner can act as trustee in bankruptcy. A full and final IVA — where a lump sum is available — is often the most efficient route because it avoids ongoing contributions, resolves the debt quickly, and leaves the individual free to carry on without the restrictions of bankruptcy. The right answer is always the one that accounts properly for the full picture, including a realistic creditor comparison of both options.

The lump sum can come from any third party willing to provide funds — a family member, friend, business partner, or investor. It does not have to come from the debtor themselves. The source of the funds must be disclosed to creditors as part of the IVA proposal, along with confirmation that the money does not form part of the debtor’s own estate.

It is also worth noting that the lump sum does not have to be a gift. It can be structured as a loan from the third party to the debtor, repayable once the IVA has completed and the debtor’s finances have stabilised. This means the third party is not necessarily giving money away — they are advancing funds that enable the IVA to proceed, with the expectation of being repaid in due course on agreed terms.

In Mr. and Mrs. B’s case, the funds were provided by their neighbours — people who were already owed money themselves. They chose to contribute further because they believed in the shared future the joint venture represented. The willingness of a third party to fund a lump sum is sometimes the single factor that makes a full and final IVA possible where it would not otherwise be.

A licensed insolvency practitioner is required to act as nominee and supervisor in any IVA — they are responsible for putting the formal proposal to creditors and overseeing the arrangement through to completion. In that sense, the IP’s role in an IVA is structurally similar to an IP acting as trustee in bankruptcy: both are formal appointments governed by insolvency legislation.

What is less well understood is where an IP’s legal duty lies. An IP’s duty runs to creditors — not to the debtor. The IP must treat the debtor fairly, but they are not the debtor’s advocate. This is a meaningful distinction, and it was one that mattered significantly in Mr. and Mrs. B’s case.

Lightside’s role was to work on Mr. and Mrs. B’s side — structuring the IVA proposal, calculating the equity position, preparing the creditor comparison, and canvassing creditors informally to gauge support before any formal steps were taken. Only once we were confident the proposal would be approved did we bring in the introducing insolvency practitioner to manage the formal process. The IP brought the legal authority to put the proposal; Lightside had ensured the groundwork made approval likely before that authority was engaged.

This sequence matters for two reasons. First, it kept costs down — no formal process commenced until informal approval was sufficiently certain. Second, and more fundamentally, it meant Mr. and Mrs. B had a professional working specifically in their interest at the stage when the proposal was being shaped — before an IP whose legal duty runs to creditors became formally involved.