The Cold Turnkey

Bankruptcy versus IVA: FREQUENTLY ASKED QUESTIONS

Q: What is an Individual Voluntary Arrangement ‘IVA’?

A: An IVA is a legally binding contract between yourself and your creditors, which will generally last for 5 years. You will put forward an offer as settlement of your debts to your creditors based upon the following:

1. A fixed monthly contribution based upon your available disposable income

2. If you own your property you will be required to take reasonable steps, (by way of remortgage), to make a proportion of the equity available to your creditors.

3. If you are unable to remortgage at the end of the term, you will NOT be required to sell your property

4. If the IVA is a sole proposal you are only obliged to realise your share of equity in a jointly owned property, ensuring your partner’s share remains unaffected.

Provided 75% of those creditors who vote are in favour of the proposal the IVA is accepted. As long you keep to the terms of your IVA once it has been approved, all of your creditors who were entitled to vote are legally bound.

This means that:

5. Your creditors can not bring further action against you

6. Your creditors can not change their minds at a later date
From the date of approval of your Arrangement all interest and charges are frozen. Unlike bankruptcy there is no advertisement of the IVA in a local paper. Your professional status or ability to hold public office will not be affected. On completion of the IVA term, provided you have adhered to the terms of the Arrangement, the balance of your debts is written off. On the basis of the information which you have provided this would appear an appropriate solution to your financial problems.

Q: What is bankruptcy?

A: Bankruptcy is a serious matter. You will have to give up possessions of value and your interest in your home. It will almost certainly involve the closure of any business you run and the dismissal of your employees. Bankruptcy may also impose certain restrictions on you. Subject to certain exemptions, bankruptcy means that the Official Receiver will take control of all your assets on the making of a bankruptcy order. He or she, or any insolvency practitioner who is appointed trustee, will dispose of them and use the money to pay the fees, costs and expenses of the bankruptcy and then your creditors. Assets you would be allowed to keep include:

7. Ordinary household contents;

8. A modest motor vehicle;

9. Tools required for your trade

The trustee may apply to the court for an order restoring property to him or her if you disposed of it in a way which was unfair to your creditors (for example, if before bankruptcy you had transferred property to a relative for less than it is worth). If you have a surplus income above the needs of yourself and your dependants, you will be expected to make contributions to your creditors during the bankruptcy, and may be ordered to do so by the court. If you come into any money during the bankruptcy, such an inheritance or a lottery win, that too will be available to your creditors. In addition your bankruptcy would be advertised in a local paper. Generally you will be automatically discharged from bankruptcy after 1 year although you may be required to pay into the bankruptcy for 3 years.

Q: What are the main differences between an IVA and bankruptcy?

10. Assets

In bankruptcy you loose control of your assets as these vest in the Trustee. The Trustee will then dispose of these assets and use the funds to pay their fees and disbursements and distribute the remaining funds among your creditors. In an IVA you make an offer to your creditors. This should be your best offer and so may include the disposal of excessive assets for the benefit of your creditors. However it is possible to specifically exclude assets from the Arrangement such as life assurance policies, pensions, motorcars etc. In bankruptcy your home will vest in the trustee whereas in an IVA you will be expected to use your best endeavours to realise, by way of re-mortgage, the equity you have in your property. You will not be expected to sell your home and will not loose it.

11. Duration

An IVA will generally last for 5 years whereas it is normal to get a discharge from bankruptcy after 1 year with payments to the bankruptcy lasting three years.

12. Publicity

Your bankruptcy is advertised in a local newspaper which is not the case in an IVA

Q. Do I have to be in full time employment?

A: No. You need to have a regular source of income, from which once you have paid your household bills, you have a surplus income.

Q. Do I have to tell my partner?

A: An IVA will generally last for 5 years and if you own a property you will be expected to try to realise your share of the equity at the end of the term. In addition the information, which is presented to your creditors needs to show the total household income, although an allowance is given to your partner which is calculated based upon the level of their income and household expenditure. You will almost certainly, then, have to tell your partner if you are entering into an IVA.

Q. Does an IVA cover all of my debts?

A: Only unsecured and preferential debts can be included. Secured debts cannot be included but a provision will be made in your income and expenditure to allow you to continue to repay your monthly instalments. Certain other debts are specifically excluded from your IVA such as fines and arrears on CSA payments. Please note these cannot be included in bankruptcy.

Q. Can I be made bankrupt when I am in an IVA?

A: No. An IVA precludes those creditors bound by the IVA from taking any further action, provided you adhere to the terms of the IVA.

Q. Can CCJ be registered against me when I am in arrangement?

A: As the arrangement is a legally binding contract the creditors are not able to pursue further action against you unless you breech the terms of the arrangement

Q. What happens if I am unable to make a repayment?

A: During your arrangement it is important that you make every effort to adhere to the terms as agreed with your creditors. However, if you need to miss a payment for any reason this must be agreed with your supervisor.

Q. My partner and I have joint debts but they do not want to enter into an IVA. What will happen?

A: If you and your partner have debts, which you took out in both your names then you are both jointly and severally liable in respect of those debts. The credit company is therefore at liberty to pursue your partner for the entire debt. Some creditors may be prepared to wait for their repayment under the IVA; however some may not so your partner may need to make a provision to pay the monthly repayments in line with the original credit agreement.

Q. How will an IVA affect my credit rating?

A: An IVA will be listed on your credit file with the different information providers. This information will show that you have entered into an arrangement. Once you have completed your IVA you will be issued with a certificate of compliance stating that you have completed your IVA satisfactorily. You will need to send this to the credit reference agencies who will then register your IVA as satisfied and this will stay on record for a further six years.

Q. Will I be able to obtain credit whilst I am in my IVA?

A: No further credit, with the exception of utilities, can be taken whilst in an IVA. Failure to adhere to this term is a fundamental breach of its terms and is likely to result in the failure of your IVA.

Q. What will happen if my circumstances change during my IVA?

A: Your creditors may be willing to look your change in circumstances which have resulted in you being unable to keep to the terms of the arrangement. Once all the facts have been established, a variation meeting can be called and an amended proposal put forward to your creditors for their consideration.

Q Who will know about my IVA?

A: Unlike bankruptcy an IVA is not published in any newspaper, however it is listed with the department of trade and industry and is available for public inspection if requested. Your employers do not need to be advised of the arrangement.

Paul Mccann B.A.(Hons) is a professional debt consultant with several years of experience within the industry. For more debt help & advice visit: http://www.chasesaunders.co.uk

Like other items of clothing, jeans are supplied by wholesalers to small businesses in bulk quantities. Wholesalers buy the stock directly from the manufacturers and sell them to the retailers. This is how flea market vendors and small shop owners buy jeans, get significant discounts on them and make good profits by selling them to end-users. This is a very lucrative business; prospective entrepreneurs can set up small stores and sell jeans bought from wholesalers. Even private individuals can take advantage of the wholesale concept; if you have a few friends who all want the same type of jeans, you can pool your buying resources and buy in bulk from the wholesaler.

Wholesale jeans are available in cases or packs, with the number of pieces ranging from as low as nine to as high as two hundred. Both men’s and women’s jeans, and even children’s jeans sets, are available wholesale. A case of wholesale jeans usually contains jeans of various waist-sizes and lengths. It may have jeans of one particular color/wash, or of assorted colors. Jeans of the leading brands are often available wholesale. Used and recycled jeans are also available wholesale.

Consumers can also buy wholesale jeans and get outrageous discounts. More and more wholesalers are reaching out directly to the customers through the Internet. Though wholesale jeans don’t have that guarantee of quality that comes with jeans that are sold in exclusive retail outlets of top brands, but considering the amount of that is saved, they usually fetch a good bargain.

Attracting people to a website is the problem that faces designers and webmasters throughout the world. Without visitors a website is fundamentally useless. This is especially true when a site is created to make money for the owner, such as in an affiliate scheme. The most common way for people to discover a website is through popular search engines, so making sure your site is at the top will help guide visitors to your domain. SEO or search engine optimisation articles will help make sure that the site is near the top. These SEO pieces are simply a number of articles written with keywords in mind embedded within the site.

SEO is just one way of making your site known another way is through simple word of mouth. If the owner of an affiliate site is willing to put in the man-hours and spread their own message, they can hope to attract large volumes of people. There are many ways of contacting people both online and offline, the options are seemingly limitless. E-mails can provide a way of contacting hundreds of people. As with any communication or advertising system the more people that can be contacted the more you are likely to attract a customer. The knock on effect of contacting large volumes of people can mean that they in turn contact more and so on making a chain of people all talking about your site. Posting on forums can also bring attention to a site. It is a form of free advertising, all the site owner has to do is to be friendly and focus on susceptible or interested groups.

Friends, families and colleagues are also a good market to look at. If you are looking to create a poker website with affiliates, you can make good money by finding out people who are interested in poker in close circles and inviting them to try it. These close circles may then expand into wider circles and your affiliate system and personal website will reap the rewards. It sounds simple but the more people an affiliate can attract to a site the more money they can earn. The key is just in finding the people who are willing and able to join these sites.

Affiliate Programs are a potentially lucrative form of Internet entrepreneurial choices. It is a risk free form of income, with the levels dependent simply on the amount of visitors a site can entice and the amount of work that a webmaster is willing to do in order to gain said visitors. The Internet offers people the chance to advertise and make money free of charge and with a limited outlay. Becoming an affiliate site and converting hits into cash is just one way of making money.

Learn the secrets of top poker affiliates and discover how to find the best poker affiliate program at http://www.epokeraffiliate.com/

You are welcome to use this article on your website or in your
newsletter as long as you reprint it as is, including the
contact information at the end. Website URLs must be active
links. You are welcome to use this article with an affiliate
link, http://www.freeplants.com/resellers.htm

What do the terms grafting and budding mean?

Budding is a form of grafting. Grafting is the art of
attaching a piece of one plant to another plant, creating a new
plant. Grafting is usually done because the desired plant is
extremely difficult if not impossible to propagate through other
means. Dogwoods, for example, are easily grown from seed,
however, it is next to impossible to grow a Pink Dogwood from
seed. The seeds from a Pink Dogwood will produce seedlings that
are likely to flower white.

The most common method for producing Pink Dogwood trees is to
remove a single bud from a Pink Dogwood tree and slip it under
the bark of a White Dogwood seedling. This process is known as
budding, and the seedling is known as the rootstock. This is
usually done during the late summer months when the bark of the
White Dogwood seedling can be easily separated from the tree,
and the seedling is about 1/4″ in diameter.

A very small “T” shaped cut is made in the bark only, and the
bud is slipped in the slot. The actual bud itself is allowed to
poke out through the opening and then the wound is wrapped with
a rubber band both above and below the bud. By the following
spring the bud will have grafted itself to the seedling, at
which time the seedling is cut off just above the Pink Dogwood
bud, and the bud then grows into a Pink Dogwood tree.

Budding is usually done at ground level, and often times the
rootstock will send up shoots from below the bud union. These
shoots, often called suckers, should be removed as soon as they
appear because they are from the rootstock and are not the same
variety as the rest of the plant. Flowering Crabapples are also
budded and are notorious for producing suckers. When removing
these suckers don’t just clip them off at ground level with
pruning shears, they will just grow back. Pull back the soil or
mulch and remove them from the tree completely at the point
where they emerge from the stem.

Most people clip them off a couple of inches from the ground,
and then they grow back with multiple shoots. This drives me
crazy! Get down as low as you can and remove them completely and
you will keep them under control. On older trees that have been
improperly pruned for years I take a digging spade and literally
attack these suckers hacking them away from the stem. Sure this
does a little damage to the stem of the tree, but when a plant
is let go like that I figure it’s a do or die situation. The
trees always survive and thrive.

Other plants are grafted up high to create a weeping effect.
One of the most popular trees that is grafted up high is the top
graft Weeping Cherry. In this case the seedling is allowed to
grow to a height of 5′, then the weeping variety is grafted on
to the rootstock at a height of about 5′. This creates an
umbrella type effect. In this case the graft union is 5′ off the
ground, therefore anything that grows from the stem below that
graft union must be removed.

Many people don’t understand this and before they know it they
have a branch 2″ in diameter growing up through the weeping
canopy of their tree. Before you know it there are several
branches growing upright through the canopy and the effect of
the plant is completely ruined.

At my website, http://gardening-articles.com I’ve got a couple
of photos that show exactly what I’m talking about in this
article. You can clearly see the weeping effect that the
Weeping Cherry tree is supposed to have, but then up through the
middle come these branches that are no more than just suckers
from the stem, or the rootstock as it is known in the nursery
industry.

Looking closely at the photos you can see that these suckers
originate from below the graft union. This problem could have
been prevented if someone had just picked off these buds when
they first emerged on the stem of the tree. Then they would
have never developed into branches.

This tree can still be saved, but there will be a large scar on
the stem when the upright branches are pruned off. But under
the canopy of the weeping tree these scars will never show.

Another interesting plant that is grafted is the Weeping
Cotoneaster. In this case the seedling that is grown to serve as
the rootstock is Paul’s Scarlet Hawthorn, and Cotoneaster
Apiculata is grafted onto the Hawthorn rootstock at a height of
5′. Years ago a nurseryman found through experimentation that
these two plants are actually compatible, and a beautiful and
unique plant was created. I have one of these in my landscape
and we love it.

Once again since the graft union is at 5′, any growth coming
from the stem (rootstock) must be removed. In this case the
growth coming from the rootstock will be Hawthorn and will look
completely different from the Cotoneaster which is what the
plant is supposed to be. The easiest way to keep up with this
type of pruning is to keep an eye on your grafted plants when
you’re in the yard. As soon as you see new growth coming from
below the graft union, just pick it off with your fingernail.

If you catch these new buds when they first emerge, pruning
them off is as easy as that. Walk around your yard and look for
grafted or budded plants, and see if you can find any that have
growth that doesn’t seem to match the rest of the plant. Look
closely and you may find that the growth is coming from below a
graft or bud union.

Michael J. McGroarty is the author of this article. Visit his
most interesting website, http://www.freeplants.com and sign up
for his excellent gardening newsletter. Article provided by
http://gardening-articles.com

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If you’re looking for the perfect gift for the parents-to-be, nothing comes close to the gift of a wearable baby. Years ago, the only way to take your baby along was in a stroller or pram, or to carry her in your arms. All that changed with the introduction of the soft baby carrier, a way to carry your baby and still leave your arms and hands free for other things.

Wearable babies are not a concept new to this culture. Native American women carried their babies on papoose boards on their backs, or tucked close against their bodies with a swath of deerskin. In many countries, babies are tucked into sling carriers - pleated lengths of cloth that tie over one shoulder and support the baby against the opposite hip. There’s little doubt in anyone’s mind that babies who are ’snugli’d’ are happier and more comfortable with being put down when it’s time to put them down.

Snugli, the name brand soft baby carrier that’s now distributed by Evenflo, brought the concept of the wearable baby back into popularity about 25 years ago. That was just about the time that my oldest daughter was born, and the idea of having her close to my heart fit so perfectly with all my beliefs about raising children that I had to have one. They weren’t easy to find at the time - and I ended up making one of my own, using a pattern that was passed from mother to mother in my La Leche League group. I can attest first-hand to the advantages of the wearable baby.

My Snugli was more than a way to carry my daughter. It was her soother. On afternoons when nothing would soothe her fussing, I’d tuck her into the Snugli where the warmth of my body and the rhythm of my movements calmed and reassured her. I learned to take advantage of the Snugli - I wore my baby while vacuuming the carpet, while walking to the store, while hiking through Purgatory Chasm. In winter, I wore her in her Snugli, cozy against my chest and simply buttoned my coat over the both of us together. When she was old enough to sit up by herself, I slipped it around to the back, and she rode it piggyback style - while her baby brother took her place in a new Snugli against my chest.

Snugli now makes a full range of soft and framed carriers for babies, to fit newborns to 18 months old. They’re available in a variety of patterns and colors, in winter weight and summer weight, and with varying degrees of padding. You can buy a Snugli at any Toys R Us, Kmart, Walmart or any one of dozens of other stores. While it might not technically be baby clothes, a Snugli is easily the most important thing your baby can wear.

Kirsten Hawkins is a baby and parenting expert specializing new mothers and single parent issues. Visit www.babyhelp411.com/ for more information on how to raising healthy, happy children.

Good news! A recent study suggested that resveratrol, a red wine compound, may extend our life.

The study was conducted on fries and worms to see if resveratrol can extend life in these creatures. Previous studies suggested that yeast life can be extended with resveratrol.

It was found that worms and fires fed resveratrol live 30% longer than those that were not fed resveratrol.

Fries and humans share many biological processes. Therefore, there is a chance this red wine compound may also extend life in humans.

Previous studies have found that resveratrol is protective against heart diseases largely due to the antioxidative properties of this compound.

However, the current finding, life-extension with resveratrol, may not be due to its antioxidative properties. Rather, resveratrol may act just like calorie-restriction that activates proteins called sirtuins similar to sir2. Sir2 is an important protein that is present in many animals and participate in the aging regulations.

More good news with resveratrol! Resveratrol does not have any negative impact on the fertility while calorie-restriction may cause infertility. Actually, resveratrol boosts the fertility of fries.

The researchers plan to continue their work on mice. If they can duplicate the same results in mice, resveratrol can be a wonder chemical that can help us extend our life to certain degree.

This study was done by David Sinclair of Harvard Medical School in Boston and colleagues at the University of Connecticut and Brown University in Rhode Island. The study was published in the July 13 issue of journal Nature.

About The Author

John Roberts is a freelance writer for foodconsumer.com

I’ve known for a long time that my Intention
played a large part in my ability to influence.

Remember in your early days of selling when your
sales manager said to you ” Act confident ” or “Go
into that call assuming you are going to get that sale”.

What was that all about?

Well, your sales manager (or mentor) was looking to
focus your Intention.

Remember the old saying ” the world steps aside for
a man who knows where he’s going ” ?

The fact is, whether you consciously use intention or
not it is constantly broadcasting to everyone you
interact with. Underlying your verbal messages, your
intention causes its “real” message to come shining
through.

Not only can people read your Intention but having an
Intention also affects you, because ” Energy flows where
Attention goes As determined by Intention”

I’m sure you can all think of an example of your Intention
influencing your Attention. The classic example is when
your Intention is to buy a new car. If you are considering
a new model or a non-mainstream car suddenly you see
them everywhere. Were they there before? Of course
they were. You didn’t see them because you were not Intending to buy one. So, how can you spot opportunities
in a sales call unless your Intention focus your Attention?

So how do you harness intention?

First and foremost, intention is activated by having a
specific outcome.

Before you influence anyone you must first know
what your objective is.

So let’s talk about outcomes for a few minutes.

The first step to consider when creating an outcome is,
do you really want this outcome? Is it relevant to your
overall concept of who you are and where you’re going in
life? Will having this outcome really advance you forward
in a relevant way? Since you’ll be investing yourself in
this outcome you need to make sure it’s worth what it
will take to achieve it.

While the above may sound simplistic, I find all too
often that people overlook it. Unless I’m careful, I find
myself falling into that trap as well. It’s too easy to
be diverted by things that take time and energy but don’t
really move you closer to where you want to be.

Next, an outcome should be about what you want, not what
you don’t want. For example, you might have an outcome
like this: “I want my meeting with Mr. Radcliffe at 2 PM
today to conclude with him agreeing to sell me his
property for nothing down on a lease option. And I want
him to feel good about this decision and be excited to do
additional business with me in the future.”

Contrast that above outcome with this one: “I want my
meeting with Mr. Radcliffe at 2 PM today to work out for
us both. I want to be able to explain all the pros and
cons of buying his property on a lease option. I don’t
want him to be concerned about doing a ‘no money down’
deal. I hope I can overcome any objections he might
have. And if this doesn’t work then… well… I don’t
know what. I guess I’ll just keep looking.”

Do you see how that last outcome statement kind of goes
all over the place? Read the two outcome statements again
and just experience how you feel when you read each one.

The first one is much stronger, isn’t it.

An outcome should be simple and clear. You should be able
to represent the outcome you want with a simple picture or
symbol in your mind.

And you can benefit from creating your outcome in writing
— especially as you get started on working with outcomes
in this fashion.

An outcome should be stated in present tense. Not for
example like: “I’d like to have…”

There are several other ” Keys to an Achievable Outcome ”
which I’d be happy to coach you on. If you are interested
contact me via the website listed at the end of this article.

Like I said earlier, you start your intention working
for you by having a well-designed outcome. But that’s
only the beginning.

The best designed outcome in the world can still fail
miserably if it’s not backed with your intention to make
it happen.

So how do you do that, I hear you asking.

You do that by believing and investing your emotion in
the outcome. By fervently wanting and expecting it to
happen.

If your outcomes are aligned with your purpose, you’ll
find that they are also backed with integrity and inner
power.

And when your outcomes are formulated in this fashion,
you’ll find that they are infused with integrity and
they can’t help but come true.

Bring the power of intention to bear strongly in your life. Develop the ability to set outcomes that work.
Stay focused on what will make the biggest difference
and really count for something. Most importantly, take
action by starting right now to implement what you’ve
learned (or been reminded of) in this article.

Why not start right now by writing three outcomes so
that you can experience what you’ve just read about
firsthand.

Remember, “What you focus on you get !”

Here’s to YourSalesSuccess.

Greg is a salesman. He’s been selling for 23 years and has negotiated supply contracts in the USA, UK, Canada, Germany, Netherlands, Singapore and Japan.

He has sold as much as $7million in a year. His worst result over 23 years was 94% of budgeted sales at 99% of budgeted profit. He’s now semi-retired at 46.

He has a desire to help other salespeople live a good life, free themselves of money worries and retire early.

OK. Greg can sell but teaching and coaching is another matter.

He has been trained in one-on-one coaching skills acquiring a “Professional Development Certificate in Coaching Practice” from the Psychology Department of the University of Sydney. He is a Master Practitioner of Neuro Linguistic Programming ( NLP ). Naturally, he has attended many sales training courses at home and overseas and is an avid reader of sales books.

Over the years Greg has become more interested in helping people that helping companies.

More info, click here, http://www.sellingandpersuasiontechniques.com.

Becoming a better skier depends to a large extent on mileage - quite simply, the more miles you put under your belt, the better you will be skiing. Combined with hints you can find elsewhere on how to improve your balance, you will be well on the way to skiing better.

Obviously, the high mileage you are clocking up from dawn to dusk on your week’s skiing holiday will mean that initially you will be falling a lot more. This may be bad for your ego, but at this stage you must abandon any pretensions of being a good upright skier for the opportunity to become a good horizontal skier!

I mention elsewhere what Ian Fleming once said about falling over and this is during the same season that he took up the sport in 1928, but it is so important that it needs to be emphasised again: ‘Surely it can’t be difficult to ski? One falls over, or one doesn’t fall over. It’s as simple as that!’ His friends would say later that he was the best skiers they knew.

Falling is a critical part of the learning process. It helps to reduce fear, and strangely enough often reduces injury if done properly! You must learn to relax; if you tense up as you fall you will hurt yourself far more. You normally fall when you go over your limit, and if you are developing a more positive attitude to skiing, this will happen often.

Accept that you are going to fall a lot and you will learn to relax while you are doing it.

Never despair because you are falling too much! There will be off days when you are always falling and can’t ski at all. You must accept it. Even the best skiers do it. They usually take the rest of the day off and go home and read a good book.

If you have time to think about it, try to fall backwards with your backside dropping uphill from your skis and relax while you are doing it. This may be obvious to most people but it is surprising how many people fight it and end up in the most awful tangle. A fast, controlled lie down with both skis in the air can be the most satisfying fall, as it’s possible to get straight back up and everybody watching thinks you have just performed a stunning trick.

The best way to achieve this is fall before you have to!

After you have notched up a few hundred falls (some of which you will class bad crashes), I have no doubt that you will be controlling most of the falls and some of the crashes. You must accept that the rest of the crashes may cause injury - that is the nature of the sport. I discuss this in more detail later, but the summary of what I say is that once you have learnt how to fall, your confidence will increase, rather than disintegrate.

Soon you may even be able to analyse the technical reason for the fall after reading further articles, and this ability will boost your confidence even more as you put corrections into practice, and find that you are falling a lot less.

Simon Dewhurst has taught downhill skiing in North America, Scandinavia and the European Alps for 35 years. He currently runs a ski chalet agency in the French Alps. His book “Secrets of Better Skiing” can be found at http://www.ski-jungle.com. If you have any comments about the above article, he will be happy to answer them.