Part IX debt agreements and Part X personal insolvency agreements are advantageous alternatives to bankruptcy. These types of agreements are often preferred over bankruptcy since creditors are usually guaranteed a higher return. Our Sydney Bankruptcy Lawyers are exceptionally experienced in all aspects of bankruptcy law, including advising and assisting both debtors and creditors deal with Part IX and Part X agreements.
Part IX debt agreement
The aptly named Part IX debt agreement (arising from Part IX of the Bankruptcy Act 1966), is a legally binding agreement between a debtor and their creditors. A Part IX debt agreement is only used when a debtor is unable to pay their debts as and when they fall due; that is, they are insolvent. A Part IX debt agreement is often used as an alternative to declaring bankruptcy.
A Part IX debt agreement is much more flexible than bankruptcy. It allows the debtor to negotiate with its creditors a scheme in which to settle its debts. There are a variety of different options available, including:-
- Agreeing to make affordable periodic payments or instalments
- Agreeing to pay less than the full amount of the debt owed
- A temporary deferral on paying debt
Once the debtor has made a proposal to the creditors, the creditors must consider and vote on whether to accept it or not.
Part IX debt agreements benefit both debtors and creditors. For debtors, a Part IX debt agreement is generally less damaging to a person’s credit record than bankruptcy. It can also mean there no assets are lost. For creditors, the benefit is that there is a generally better return than that of bankruptcy, due largely to lower costs involved with the initiation and administration of a Part IX debt.
Part IX debt agreements are only available to persons of low levels of debt, few assets and low incomes. A person will not be entitled to make a Part IX debt agreement if either their unsecured debt or divisible property is over a set limit, their taxable income exceeds a threshold or if at any time in the previous ten years that person has been declared bankrupt or entered into a previous debt agreement.
The overall process of obtaining a Part IX debt agreement can be complicated. You should consider retaining the services of an independent advisor or Bankruptcy Lawyer.
Part X debt agreement
Like a Part IX debt agreement, a Part X personal insolvency agreement is a flexible alternative to bankruptcy. In a Part X personal insolvency agreement, the debtor will come to an agreement with their creditors to settle debts without becoming bankrupt. Unlike a Part IX debt agreement however, a Part X personal insolvency agreement is not limited to persons of low income, low assets and low levels of debt.
A Part X personal insolvency agreement is commenced by the debtor completing a statutory authority appointing a trustee to take control of their property. The trustee (who must be a registered trustee or a qualified lawyer) will put a proposal to the creditors. The proposal is a formal and legally binding agreement between the debtor and its creditors that sets out how the debtor will satisfy their debts. This may involve a reduction in the overall debt payable and a periodic payment scheme.
Once creditors receive the proposal, they must vote on the proposal. If the proposal is passed, a deed must be executed by the debtor within 21 days, binding the debtor and all creditors.
The advantage for creditors is usually related to the fact that the likely return under a Part X proposal will exceed the likely return under a bankruptcy scenario, and the costs of a Court process that would be incurred in a bankruptcy scenario can be avoided. The process of obtaining a Part X personal insolvency agreement involves the creditors being able to assess, with the assistance of the trustee, whether it is more viable for them to proceed with the Part X agreement or proceed with bankruptcy.
A debtor will only be released from a Part IX or IX agreement once they have satisfied the terms of that agreement and neither agreement can release a debtor from certain special debts that are not released by bankruptcy.
For more information, contact our Sydney Bankruptcy Lawyers today. We have experience assisting both debtors and creditors in bankruptcy and insolvency matters.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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