When it comes
down to Bankruptcy Australia, there
are a great deal of choices that we get given depending upon who we are, who we
talk to, and what exactly has happened. The most common confusion I see with Bankruptcy
is when it comes to selecting between Debt Consolidation, Personal Insolvency
Agreements, and Bankruptcy itself.
Should I consolidate my debts?
When it comes to
Bankruptcy in Australia, much of the information you receive on this subject
will reflect the interests of the advice giver. Therefore, if you call a debt
consolidation provider, I can guarantee you they will tell you to consolidate
your debts. The debt consolidation operation is a multi-billion dollar industry
making money in one very straightforward way: charging you a fee for assisting
you wrap every one of your credit card and personal loans into just one neat
and tidy package.
I hate to tell
you this but these people aren't doing it for free. Please do not misunderstand
me: if you consider your financial troubles in Australia may be solved by
paying less interest, then go on and check out the choices. Even a small amount
of interest saved over years quickly adds up.
Normally I find
if you are reading this blog you've most likely attempted to consolidate your
debts already and come to the following realisations such as these:
- Your credit rating is no good, and your credit file definitely has nonpayments on it so nobody will offer you a loan, consolidated or otherwise,.
- By the time you work it all out, you're so far down a hole that saving on a bit of interest just won't make a lot of difference,.
- You've most probably arrived at the stage where you've had more than enough, you're mentally fatigued, you can't go on one more day ignoring blocked calls on your phone, ignoring the demands in the mail etc.
Personal Insolvency Agreements
So when it comes
to Bankruptcy in Australia, what's the difference between a Debt Agreement and
a Personal Insolvency Agreement?
Freedom is the
main point Personal Insolvency Agreements (PIA) have in their favour. They're
also administered by a registered and - might I add - regulated trustee
including the government trustee ITSA, and not a private company that
advertises on TV. Basically this method resembles Debt Agreements (DA): The
trustee has a meeting with the people you owe money to and these guys negotiate
a deal on your behalf. You can offer a lump sum settlement figure or take part
in a payment plan, or maybe you can offer them assets rather than cash. This
might sound acceptable when it comes to the troubles with Bankruptcy - that is
up until you discover that one of the difficulties with PIA's is that 75 % of
the people you owe money to need to agree on the deal. If they don't, your
proposal is denied or will have to be renegotiated.
Generally people
you owe money prefer all their money back as well as interest. Sometimes
they'll go for beneath the amount you owe them - it's generally a percentage of
the debt - but allow me to stress this
part: because of all the variables involved in the negotiation process to put
together a PIA its difficult to put a figure on what the people you owe money
to will really settle for.
Most of the time
you'll have to pay back 100 % of the debt owed. This is not just because your
creditors are greedy or have a mean streak, it's because the administrators
take 20 % of whatever is agreed upon with the people you owe money to. That
applies whether you use a private company for this process or ITSA, the
government body setup to administer to these PIAs.
When it comes to
Bankruptcy and insolvency I've heard of creditors opting for less 80 % on rare
occasions, but that usually only occurs with a public company entering into
receivership owing huge sums of money (the kind that makes the news). If you
are were owed $10million and you know the people who owe you the money have a
team of shrewd lawyers and some very clever frameworks in place and they offer
5 % of the debt, you might take it and be grateful. Sadly, ordinary punters
like you and me in Australia aren't going to get that lucky!
If you would like
to learn more about what to do, where to turn and what questions to ask about Bankruptcy,
then feel free to contact Bankruptcy Experts Australia on 1300 795 575, or
visit our website: bankruptcyexperts.com.au
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