About Part IX Debt Agreements

How do I qualify for a Part IX Debt Agreement?

There are certain guidelines and thresholds you must meet to be eligible:

  • If you have been bankrupt or in a Debt Agreement before, you must have completed your Debt Agreement or term of bankruptcy at least 10 years ago.
  • Your income after tax must be less than $108,176.25 net per annum, per applicant.
  • The value of your unsecured assets (including equity in property) cannot exceed $288,470.00.
  • Your unsecured debts must be less than $144,235.00.

How long will my Part IX Debt Agreement last?

While the specific terms and conditions of each Debt Agreement is unique and particular to the individual and lenders involved, in general, the average Debt Agreement typically lasts between 3 years for non-home owners or 5 years for homeowners. However, you can complete it earlier if you make larger payments than the set amount.

How does a Part IX Debt Agreement affect my credit rating?

Your credit file rating will be affected, which may limit your ability to incur further debt.  Where you complete the agreement (ends under S185N of the Bankruptcy Act), the agreement remains on the credit file & NPII until the longer of 5 years and 1 month from the day the agreement is made, or 1 month from the completion date.

After the listing period, you will have a clean slate from which to rebuild your finances. We have access to a panel of lenders willing to lend money to individuals who have completed Debt Agreements at competitive rates.

How does a Part IX Debt Agreement affect my employment?

A Debt Agreement can impact your employment, especially if you hold a professional license or work in certain industries. Some employers may have policies regarding employees entering into Debt Agreements, and certain professional licenses may be affected. It's important to check with your employer or professional licensing body to understand any potential implications for your career.

What debts can be included in a Part IX Debt Agreement?

A Debt Agreement can include 'provable debts', which are debts that entitle the creditor to participate in dividends paid in a bankrupt estate. Typically, these include unsecured debts such as credit card debt, personal loans, medical bills, and other similar obligations. However, secured debts (like home loans or car loans) and certain state debts (such as fines) cannot be included.

Can I include joint debts in a Part IX Debt Agreement?

Yes.

While you can include joint debts in your Debt Agreement, it's important to note that this agreement does not release the other person from their responsibility for the debt. They will still be liable for their portion of the joint debt.

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