Personal insolvency and debt agreement
A personal insolvency agreement may
be the appropriate solution for those who have found themselves
in the unpleasant position of having more debt than they can afford
to pay off, especially with ever-mounting late fees and finance
charges accumulating rapidly. This program is specifically designed
as an attractive alternative for people who have a moderate amount
of debt as well as similarly moderate income. Both figures need
to be at least $85,000 for qualification. This suggests a weekly
income of over $1,218.52.
The Part X Personal Insolvency Agreement program was created in
1996 to amend the former Bankruptcy Act of 1966. It offers an opportunity
for creditors to recover much or even all of the assigned debt while
those owing the debts get some relief as well. Otherwise, the only
other alternatives may be Debt Agreement, Bankruptcy by Debtor,
and Bankruptcy by Creditor, none of which offer a compromise to
both parties.
By using personal insolvency, the debtor offers to repay an agreed
amount of the debt owed to his creditors, and a majority of creditors
(with at least 75% of the dollar amount) agree to the program stipulations.
A registered Trustee will receive the payments from the debtor on
a regular monthly basis and then disburse them among the creditors.
The program, once accepted by both parties becomes legally binding,
and failure to adhere on the debtor’s part could result in forced
bankruptcy.
While the average program commitment is 5 years, there are many
benefits to this opportunity to regain financial freedom. Interest
rates are frozen and the debtor’s property is protected from repossession.
The restrictive and punishing penalties that arise from filing bankruptcy
are also avoided. If necessary, it is possible to actually freeze
repayments for a period of time. The newer payments are usually
more manageable for the debtor because they are assessed against
his ability to afford them on a monthly basis. This debt-relief
program offers a perfectly legal opportunity to handle overwhelming
debt and a fresh start for those who have felt hopeless about their
financial future.
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