PAST ARTICLES

Restructuring Personal Debt: Understanding the Role of Part IX Debt Agreements

Restructuring Personal Debt: Understanding the Role of Part IX Debt Agreements

If you are facing financial difficulty and don’t want to go bankrupt, you may wish to consider a compromise with your creditors under Part IX of the Bankruptcy Act 1966. Such a compromise is commonly referred to as a Debt Agreement....

What Debts Are Not Released by Bankruptcy

What Debts Are Not Released by Bankruptcy

Bankruptcy releases you from most unsecured debts. The release actually occurs when you are discharged from bankruptcy, that is at the end of your bankruptcy, which is usually after three years and one day....

9 Things to know about bankruptcy and tax debts

9 Things to know about bankruptcy and tax debts

For individuals struggling with unmanageable debts to the Australian Taxation Office (ATO) personal bankruptcy is an option to enable the individual to obtain a release from those debts and make a fresh financial start in life....

Small Business Restructuring; What is the ATO’s Current Position

Small Business Restructuring; What is the ATO’s Current Position

Small Business Restructuring (SBR) is a method for companies to settle debts they owe to creditors, while allowing the directors to remain in control of the company. The Small Business Restructuring process was introduced in 2021 and can be used by a company to avoid liquidation so that the company can continue trading....

Solutions for Personal Debt

Solutions for Personal Debt

Personal debt can feel daunting and difficult to resolve. Depending on the type, value and number of personal debts you have, there may be various solutions which are open to you. ...

How we settled a $246,000 debt for $30,000

How we settled a $246,000 debt for $30,000

We successfully negotiated a client's $246,000 debt down to $30,000. The client, personally liable for her failed business's lease debts, faced bankruptcy or debt settlement. We offered $30,000 over time, which the landlord eventually accepted. The funds will come from our client's husband, who will acquire her $20,000 Landcruiser. Our client was thrilled with the outcome. Need debt settlement help? Contact us for a free consultation....

What happens if you are bankrupt and don’t pay income contributions

What happens if you are bankrupt and don’t pay income contributions

Bankruptcy can provide relief from most debts, but it comes with obligations like paying income contributions if your earnings exceed a certain threshold. While many comply, falling behind on these payments can have severe consequences. These include garnishing wages, setting up monitored bank accounts, or even extending the bankruptcy period up to eight years. If you're struggling with these contributions, it's crucial to engage proactively with your Trustee, possibly renegotiating your payment plan. Need assistance or advice on managing bankruptcy obligations? Contact Pearce & Heers for guidance....

Can I Travel Overseas If I’m Bankrupt?

Can I Travel Overseas If I’m Bankrupt?

Bankruptcy releases you from having to pay most debts, allowing you to start life afresh, without being ridden by unmanageable debts. There are however certain restrictions that accompany bankruptcy. One of these involve traveling overseas....

Dangers of granting the ATO security as part of a payment arrangement

Dangers of granting the ATO security as part of a payment arrangement

Offering the ATO security as part of a payment arrangement can be risky. While it may help negotiate a payment plan, it can also lead to the ATO selling the secured assets if the taxpayer fails to pay the debt. This is especially dangerous for directors who personally guarantee company tax debts, as they become liable if the company defaults. In a recent case, a client's properties were used as security for a company ATO debt, leaving him with no equity and ultimately forcing him into bankruptcy. Seek professional advice before making such decisions....

What happens to cash at bank in bankruptcy?

What happens to cash at bank in bankruptcy?

In this article, we will first explain what a bankruptcy is, what happens after an individual goes bankrupt, and finally what happens to monies in a bank....

QBCC Home Owner Warranty claims; when are they not released by bankruptcy?

QBCC Home Owner Warranty claims; when are they not released by bankruptcy?

Directors of building companies are liable for claims by the QBCC and liquidating the companies will not avoid personal liabilities of the directors. They can either voluntarily declare bankruptcy, or be made bankrupt by the QBCC, but this will not necessarily release them them from all QBCC claims....

How does someone make you bankrupt?

How does someone make you bankrupt?

If you owe creditors a substantial sum of money and are wondering how they can make you a bankrupt, this article provides an overview of the most common process. ...

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