Declaring Personal Insolvency

Published: 09th April 2010
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Personal insolvency is an inability of an individual to pay of his/ her debt on time. In legal terms it is called as bankruptcy. When you are unable to pay off you debts and can not negotiate with your creditors for a alternative plan, declaring personal insolvency might be the best choice.

Why To Declare Personal Insolvency?

You have to meet certain conditions prescribed by the local authorities before you decide to file for an insolvency. You will also have to disclose information related to your financial position to your trustee. There can be various reasons to file for insolvency, but there are certain limitations and concerns related to personal insolvency which have their own consequences. In such cases, you may have to look for the alternatives to insolvency. Declaring personal insolvency should be your last resort. While the filing for bankruptcy is straightforward process, you have to know the various legal consequences associated with it.

How To Claim Personal Insolvency

As with the other legal procedures, while declaring personal insolvency, you need to fill in the required papers and submit them to a registered trustee. You should always take an opinion from professional who have experience in bankruptcy and who can guide you through the process. This will make the entire process easier for you.

In Australia, you are required to fill three main forms and submit them to a registered trustee for you to go through the process of declaring personal insolvency. You can obtain these forms from your registered trustee. These three forms are:

1) A Debtor's Petition: This form states what you need to claim.
2) A Statement of Affairs: This indicates a specific reason for filing for personal insolvency.
3) Various acknowledgments stating you have received all of the information and you accept it.

Usually the process of declaring personal insolvency is very straightforward. If you cooperate with your trustee and all processes go well, you will remain bankrupt for at least three years at least. The period can extend to five to eight years in case of complications or extensions.

Advantages and disadvantages of filing for personal insolvency

Declaring personal insolvency has various benefits to you. However, it has its drawbacks also. Once you declare for personal insolvency you are released from your current dues and obligations towards your creditors. Your creditors won't be able to pursue their receivables from you. However, you have to pay fines and penalties required by the court. If debt includes paying to a child for his/ her maintenance, you have to continue to pay it.

Even if you are in insolvency, your secured debts are dealt with differently. You have to pay towards your secured loans even if you are in insolvency. Another disadvantage of declaring personal insolvency is that your credit report gets impaired. As a result, you will have to face difficulty in obtaining credit till you are in insolvency.

Most of us avoid declaring personal insolvency for various reasons. People doing so usually pay more attention to its consequences than the benefits arising out of it. Once you are sure you are going to file for personal insolvency, search for the best trustee and let them do the rest for you.

Living with financial problems can be very stressful. It is important to get help quickly if you cannot cope with debts, by taking steps like personal insolvency or seeking the services of a debt counsellor. Usually these people try to help you avoid bankruptcy and find a long term solution to your stress.

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