Tuesday, May 3, 2016

Bankruptcy in Hobart - Choices, Choice, Choices



When it comes down to Bankruptcy Hobart, there are a number of options that we get given depending upon who we are, who we speak to, and what exactly has happened. Among the most common trouble I see with Bankruptcy is when it comes to choosing between Debt Consolidation, Personal Insolvency Agreements, and Bankruptcy itself.

Should I consolidate my debts?

When it comes to Bankruptcy in Hobart, much of the help and advice you receive on this matter will reflect the interests of the advice giver. Therefore, if you call a debt consolidation firm, I can assure you they will tell you to consolidate your debts. The debt consolidation industry is a multi-billion dollar industry making money in one very straightforward way: charging you a fee for aiding you wrap most of your credit card and personal loans into just one neat and tidy bundle.

I hate to tell you this but these guys aren't doing it free of charge. Please don't misunderstand me: if you feel your financial problems in Hobart might be solved by paying less interest, then go on and look into the options. Even a small amount of interest saved over years easily adds up.

Usually I find if you are reading this blog you've undoubtedly attempted to consolidate your debts already and come to the following realisations similar to these:

  • Your credit rating is no good, and your credit file definitely has nonpayments on it so not a single person will offer you a loan, consolidated or otherwise,.
  • By the time you work it all out, you're so far down a hole that saving a small amount of interest just won't make a great deal of difference,.
  • You've quite possibly gotten to the stage where you've had enough, you're mentally worn down, you can't go on another day ignoring blocked calls on your phone, ignoring the demands in the mail and so forth.


Personal Insolvency Agreements

So when it concerns Bankruptcy in Hobart, what's the huge difference between a Debt Agreement and a Personal Insolvency Agreement?

Freedom is the main thing Personal Insolvency Agreements (PIA) have in their favour. They're also administered by a registered and - may I add - regulated trustee including the government trustee ITSA, and not a private business that advertises on TV. Ultimately this method is similar to Debt Agreements (DA): The trustee has a meeting with the people you owe money to and these experts work out a deal in your place. You can offer a lump sum settlement figure or enter into a payment plan, or maybe you can offer them assets as an alternative to cash. This might sound acceptable when it comes to the problems with Bankruptcy - that is up until you discover that one of the problems with PIA's is that 75 % of the people you owe money to must agree on the deal. If they do not, your proposal is denied or has to be renegotiated.

Generally people you owe money want all their money back in addition to interest. Sometimes they'll opt for less than the amount you owe them - it's normally a percentage of the debt - but allow me to stress this aspect: because of all the variables involved in the negotiation process to put together a PIA its difficult to put a figure on what the people you owe money to will in fact settle for.

Most of the time you'll have to pay back 100 % of the debt owed. This is not just because your creditors are greedy or have a mean streak, it's because the administrators take 20 % of whatever is agreed upon with the people you owe money to. That applies whether you use a private company for this process or ITSA, the government body setup to administer to these PIAs.

When it comes to Bankruptcy and insolvency I've heard of creditors going for less 80 % on rare occasions, but that usually only occurs with a public company going into receivership owing huge sums of money (the kind that makes the news). If you are were owed $10million and you know the people who owe you the money have a team of wise lawyers and some very clever frameworks in place and they offer 5 % of the debt, you might take it and be grateful. Sadly, ordinary punters like you and me in Hobart aren't going to get that lucky!

If you would like to learn more about what to do, where to turn and what questions to ask about Bankruptcy, then feel free to contact Bankruptcy Advice Hobart on 1300 879 867, or visit our website:bankruptcy-advice.com.au/Hobart .

Monday, March 21, 2016

Bankruptcy in Hobart - Are you going to get bitten?



When people in Hobart ask me about Bankruptcy, I tell them the timeless Native American Fable of the little boy and the Rattlesnake. An old rattlesnake asks a passing young boy to carry him to the mountain top to see one last sunset before he dies. The boy was reluctant, but the rattlesnake vowed not to bite him in exchange for the ride. They travelled together only for the snake to ultimately attack the boy despite his promise not to do so. The snake's reply was 'You knew what I was when you picked me up.

Getting the right financial advice in Hobart when it comes to Bankruptcy is a great deal like that little boy's encounter, laden with risk and danger, and usually skewed for the benefit of the individual presenting the advice. Often you'll get bitten unless you know what you've picked up long before you move forward (avoid the rattlesnakes). I discovered the problem with getting financial advice as a teenager, and it has been fundamental to Bankruptcy. I'd been keeping my nose to the grindstone for a few years, and saved up a small amount of money I wanted to invest. It was the early 1980s so interest rates were quite high and investing your money was quite profitable. I spent some time researching assorted investment options, and I went to visit a few financial advisors. It was obvious that they had more money than I did: they had good suits and plush offices, they all seemed to exude confidence and have all the solutions. What hit me was that they all had a very different idea of what I should do. This confused me a lot that it put me off the whole idea of going with any of them.

I'm sure currently you have read enough on the internet to be totally lost about Bankruptcy and exactly what to do. It would undoubtedly be easier for me to help you understand the nature of the financial snakes you might be grasping while you are attempting to get to the bottom of your financial issues in Hobart. Essentially, you have to try and recognize what your overarching alternatives are, do your own research into where to proceed with your plan for Bankruptcy, and after that approach what you feel is best in Hobart for your requirements. Essentially, you have 3 options for who to turn to.

The first option is a Solicitor - This may seem the go-to option when you appear to be in trouble. But generally there is only just so much aid they can give on this matter. There are absolutely specialist legal advisors in bankruptcy, but their expertise includes a hefty price.

Another solution you may consider is your accountant - they are incredibly useful and vital to the process of operating your business, but for the most part, when you are considering Bankruptcy, your accountant won't be much help to you any longer.

Your best option? A Financial Counsellor that can outline debt consolidation, personal insolvency agreements, and pretty much all you have to know when it comes to Bankruptcy.

If you wish to learn more about what to do, where to turn and what questions to ask about Bankruptcy, then feel free to consult with Bankruptcy Advice Hobart on 1300 879 867, or visit our website: bankruptcy-advice.com.au/Hobart .

Tuesday, February 23, 2016

Bankruptcy in Hobart - Changes that help Small Business and Entrepreneurs

5th February 2016 - By Charles Bosse

Do you appreciate how much Bankruptcy in Hobart is changing? The Australian Government in late 2015 put forward some inherent changes to the Bankruptcy Laws in Australia. The most significant of these is the length of time that a person is bankrupt for. Now, there is a minimum amount of time that you must continue to be bankrupt, having said that, this 3 year period may in fact be reduced down to just 12 months. So if you are inquiring about Bankruptcy, this news may be fairly important to you.



Mark Carnegie in the Financial Review on the 7th December 2015 proposed that "the proposed changes to ease the burden of bankruptcy laws didn't go far enough and the government should adopt US-style laws to protect the family home".

These modifications to the issue of Bankruptcy will take 18 months to implement. Mr Carnegie, went on to say in the Financial Review that protecting family assets was very important because "banks just terrorise small business and the mental health consequences to society are enormous".

The problem is Australia's bankruptcy laws put off investors from supporting start-ups, and as a result mentoring had been "driven out of the system".

"They naturally find it very intimidating themselves personally and with their assets at risk in a risky early-stage deal, but with their own money in the deal and a lightened-up provision I think we 'd probably see more willingness. It could be more important than the money.".

Fraudulent Behavior.

The debate surrounding this Bankruptcy issue in Hobart that some make is that this change will only support fraudulent behavior opening pandora's box so to speak for the unscrupulous to abuse of the bankruptcy system. We have considered the minimum, but on the other side of the matter, The government is not proposing to change the maximum term of 8 years if it deems a bankrupt has represented oneself in an unethical or fraudulent way, and there are no recommendations to change the consequences of misrepresenting yourself or financial situation when filing for bankruptcy in Australia.

As an insolvency professional in Hobart, I have a reasonable share of knowledge when it comes to Bankruptcy. And having dealt with thousands of bankruptcy cases in Hobart I have never caught someone abusing the system or acting in an unaccountable way as to exploit the insolvency laws in Australia. When it comes to Bankruptcy, every week I help a small business owner or entrepreneur undergo the very hard task of bankruptcy, not once have I felt they are happy about it. The normal small business owner or entrepreneur in Hobart does not start out taking enormous financial risks with the intent to fail. The media prefers citing the apparent misuse that will be rampant if these changes occur, what a joke!

A Win for Small Business.

These suggested changes will be good for often the best and brightest in Hobart not get kicked out of the game financially for financial decisions often outside of their control. Most small business owners I help with Bankruptcy, are hardworking, tax paying, employers keeping this country going.

There really is a fine line with just what the government is trying to do here, because they are trying to balance helping people who have made decisions out of their control, and discouraging people from making errors that land them in trouble and therefore an issue of Bankruptcy. However you likewise don't want to kill the experience and knowledge that business owners have. You definitely don't want to smash people simply because they have had a sincere failure in a large or small start-up project that has not gone well.

At the major end of town large well established companies have long been criticised for their failure to innovate - lets face it they would be more likely to do so if the risks of bankruptcy were decreased because directors are distressed they'll be personally liable in an insolvency arrangement if the new endeavor doesn't work out.

The government's proposed 'safe haven' modifications for directors of companies will allow Australia to more fully explore and innovate, which will make big updates for Bankruptcy. I can not imagine, that these adjustments will be harmful to Australia's economy, in fact these bankruptcy laws will save the tax payer in all areas of health - Especially in the mental health sector because the emotional cost of bankruptcy is substantial. When it comes to Bankruptcy in Hobart not a day passes where I don't find out the tragic experiences of relationship failures, thoughts of suicide and the list goes on.


Bankruptcy helps save lives, and it could save yours. If you are in need of some help with your debts in Hobart or are just thinking about Bankruptcy, feel free to phone us here at Bankruptcy Advice Hobart on 1300 879 867, or visit our website: bankruptcy-advice.com.au/hobart