Once the contract is over, your name will appear forever on the NPII if you opt for a personal insolvency contract. Your name will also be shown in this index if you opt for Part 9, but it will only be for a limited period of time. The two main differences between Part 9 debt contracts and private insolvency contracts are how trustworthy your assets are and what happens when the agreement ends. In a Part 9 agreement, the only assets that are threatened are those you guarantee for loans, and they are only at risk if you do not make repayments. As a general rule, a lump sum payment of third parties or a series of payments over time and/or the exclusion of related parties when receiving a distribution can achieve this. One of the advantages of such an agreement is to avoid the restrictions imposed by bankruptcy. A debt contract is for people with lower incomes who cannot pay what they owe. But there are consequences. For an insolvency contract to be successful, a majority of more than 75% and the majority of creditors, either personally or by proxy, must vote in favour of the proposal.
Financial advisors can also help you understand the impact of bankruptcy and debt contracts. A Private Insolvency Agreement (PIA), also known as Part 10 or Part X, is a legally binding agreement between you and your creditors, in which you will agree on how you will settle your debts. In Australia, PIAs are regulated by bankruptcy law and supervised by a registered agent. A pia agreement (part 10) is only considered if a debt agreement with Part 9 is not appropriate because your assets and liabilities are too large. A debt contract will reduce your total debt, suspend your interest and get creditors out of your back, giving you time to pay off your debts in peace. The proposed agreement must include the appointment of a registered agent or official beneficiary to manage the agreement. The official recipient is the agent if no registered agent is appointed. The powers and obligations of the agent are defined in the agreement and the bankruptcy law. They will essentially be enforcing the terms of the agreement, selling assets, recovering funds and distributing to creditors. The period of a personal insolvency contract depends entirely on the agreement you negotiated with your creditors.