A person is insolvent when they can’t pay their debts as and when they fall due. The Bankruptcy Act sets out formal options for that situation: debt agreements, personal insolvency agreements and bankruptcy.
A personal insolvency agreement, also called a Part 10 or Part X agreement, is one of them. You appoint a registered trustee, who takes control of your property and makes an offer to your creditors. The offer may be to pay part or all of your debts, by instalments or a lump sum.
There are no debt, asset or income limits for a PIA, which is why it’s often looked at when someone is above the debt agreement limits. You may be able to keep assets such as your house or car if the terms allow.
Debt Negotiators isn’t a trustee, and we don’t administer personal insolvency agreements. We’re a registered debt agreement administrator.
We look at your whole situation, explain how a PIA compares with your other options and, if it looks worth considering, work with a trustee from our panel of registered trustees who would take it on. The trustee explains their own fees before you sign anything.
Referrals and payments: We work with a panel of registered trustees. If we refer you to one, we may receive a referral payment, and we may charge fees for pre-insolvency work. We’ll tell you about any payment or fee before you decide.
You and your creditors are told the outcome, and it’s recorded on the National Personal Insolvency Index permanently.
You can’t appoint another controlling trustee for six months without the court’s permission. Your creditors can continue to recover their debts, and a creditor owed more than $10,000 can apply to the court to make you bankrupt.
There are fees to propose, lodge and manage a PIA. They’re charged by the trustee, they vary between trustees, and the set-up and ongoing fees should be set out in the proposal. The trustee’s fees are subject to creditor approval, and a government levy applies to money received in the administration.
Ask the trustee exactly what their fees cover before you sign anything.
Debt Negotiators is a fee-based service. Fees are explained before you decide, and the first conversation costs nothing.
Both are formal agreements under the Bankruptcy Act. A Part 9 debt agreement has debt, asset and income limits and is run by a registered debt agreement administrator. A Part 10 PIA has no limits and is run by a registered trustee. A PIA stays on the National Personal Insolvency Index permanently, while a debt agreement stays for a limited time. More on debt agreements.
They don’t have to. Creditors vote at a meeting, and a special resolution is needed: the creditors voting yes must be a majority in number of those who vote, and hold at least three-quarters of the dollar value of the debts voted. You need to disclose your full financial position.
Usually unsecured debts, such as credit and store cards, personal and payday loans, utility, phone and internet bills, overdrawn accounts, unpaid rent, and medical, legal and accounting fees. Tax debts can be included, though the ATO can keep tax refunds. Creditors may still be able to pursue debts incurred by fraud, maintenance debts, court-ordered fines and HELP debts. A joint debt can still be recovered from the other person. Secured debts may not be released.
Possibly, if the terms of the agreement allow. While the agreement is in place, you can’t deal with property such as your house or car without your controlling trustee’s consent. Secured lenders keep their right to repossess if repayments aren’t kept up.
Usually up to 5 years, or longer in some cases. Separately, it’s recorded on the National Personal Insolvency Index permanently.
It’s a public record of personal insolvency proceedings in Australia, such as debt agreements, personal insolvency agreements and bankruptcies. A PIA, or a rejected PIA proposal, stays on it permanently.
It depends on what you and your trustee negotiate with your creditors. It usually ends when the trustee has made the final payment to your creditors.
There are fees to propose, lodge and manage a PIA. They’re charged by the trustee, vary between trustees, and should be set out in the proposal. Ask the trustee what their fees cover before you sign. Debt Negotiators is a fee-based service. Fees are explained before you decide.
Talk to us about your options. Debt Negotiators is a fee-based service, and fees are explained before you decide.
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