Debt Agreement vs. Bankruptcy
bad credit loan, cash loan May 18th, 2010
People facing debt should not feel very desperate about their situation. Giving up is not a solution because there are still several options available to them that can help solve their problems. One of these is going for a debt agreement. This option is popular in Australia and more preferred over declaring bankruptcy.
A debt agreement is made between a debtor and his or her creditor or creditors. It should be understood, however, that this option can be availed of only by people who are no longer able to pay their debts or what’s called insolvent. There are other conditions that apply under this agreement. According to the Insolvency and Trustee Service Australia (ITSA) of the Australian government, this type of agreement can only be executed by a person who has not declared bankruptcy in the past, who has an income tax of not more than $66,285, unsecured debts of not more than $88,380 and property that can be divided among creditors with the same amount as the debts.
The reality today is that many people can readily decide to go for bankruptcy even with debts in the thousands or tens of thousands of dollars. Some even file for bankruptcy despite the fact that their debts amount to only more than $10,000 or $20,000. This is understandable, though, especially for those who are not aware of other options such as the debt agreement. As they fear going into deeper financial trouble and being chased by debt collectors and creditors, they just opt for bankruptcy not knowing that the debt agreement can be a better solution for them.
A major problem seen in this option is with creditors who may not readily accept debt agreements. If this is an issue, the debtor needs to negotiate properly with the creditor through the intervention of an administrator. Be aware, though, that this can be an added expense as debt agreement administrators charge a certain fee for their service. On the other hand, this may be necessary if the debtor wants to ensure that his or her debts are settled as early as possible. Administrators are skilled in coming up with the right proposals tailored to the debtor’s needs. These may include periodic payments of a set amount to be taken from the debtor’s monthly income, a lump sum payment of debts which may be lesser than the total amount of debt, payment of debt to be taken from the sale of property and a moratorium on debt payment whichever suits the debtor’s financial situation.
With this alternative settlement solution, unsecured debts are frozen once the agreement proposed by creditors is accepted by the debtor. What this allows then is to enable the person facing debt to repay whatever he or she owes for a longer period. The amount involved will also depend on the debtor’s financial capability or according to what he or she can only afford.
Again, the main lesson here is to pay what you borrow on time. Whether you obtained short term unsecured loans or used your credit card, never forget to pay back to avoid debts in your life.
