PERSONAL INSOLVENCY AGREEMENT
Advantages of a PIA
- The minimum duration of a PIA is approximately 6 months (bankruptcy 3 years).
- You have some control over the assets which are made available for your creditors e.g. you may offer a lump sum from a third party in full and final settlement of your debts rather than equity in your property.
- You no longer have to deal with your creditors – all communications are through your PIA trustee.
- Creditors cannot commence or continue recovery of their debts.
- You can generally continue to trade under an ABN.
- Your proposal is in “full and final satisfaction of your debts” i.e. at the end of your PIA, any unpaid PIA debts are effectively written off – subject to certain exceptions e.g. child support and maintenance, Court imposed penalties and fines, and HECS and HELP debts.
Disadvantages of a PIA
- Your assets, including you home, may be sold to repay creditors.
- You may have to make voluntary income payments for the duration of the PIA.
- You are automatically disqualified from managing any corporations or becoming a director, alternative director or company secretary without permission from the Court for the duration of the PIA.
- There may be a negative impact on your professional qualifications – seek advice from your professional body.
- The fact that you have been subject to a PIA will be noted on your credit file and may remain for up to 5 years.