January 31st, 2012
An Individual Voluntary Arrangement (IVA) can only be administered by a Licensed Insolvency Practitioner. The IVA Practitioner has to adopt different roles as per the change in circumstances in order to cater to the needs of the client. These roles are as follows:-.
Adviser
The IVA practitioner often plays the role of an adviser in matters where he has to inform the debtor regarding the availability of all possible solutions to repay his debt. This process includes managing the debts on a priority basis like clearing the priority debts first, then the claims associated with re-mortgage, consolidating debts into loan, debt management and finally followed by bankruptcy problem.
Nominee
The IVA practitioner will become the nominee if the IVA is declared authentic and proper depending on the situation for which the arrangement has been made. There is, however, a wrong notion that it is the Nominee’s duty to guide the client (debtor) in the process of arranging the proposal to the creditors. But that is not the case in reality. According to the Indian Legislation, proposing the most convenient offer to the creditors is the responsibility of the debtor himself who is supposed to draft the whole proposal. Of course, he or she may be helped by his advisers who can be the Nominee but the actual job of drafting the proposal rests with the debtor.


