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Columnist David Koch

The perils and pitfalls of bankruptcy

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David Koch
David Koch
Are you drowning in financial debt? David Koch takes a look at the consequences of becoming bankrupt and alternate ways forward when you're seriously indebted.

There is no doubt the state of the economy as well as the rise in the unemployment rate means many Australians are struggling under the weight of their personal debts at the moment. People with high debts often think that becoming bankrupt is the only solution to their problems. But being declared bankrupt has serious and life-long consequences and should be treated as a last resort only.

What are the consequences of being declared bankrupt?

If you are declared bankrupt, the consequences will vary depending on your individual circumstances. But it's likely that if you are declared bankrupt you will have to liquidate some or all of your assets, including property and cars.

People who are declared bankrupt are also unable to apply for certain jobs, especially when they are un-discharged bankrupts. It's very difficult, for example, to work as a company director and obtain a position in the financial services sector if you are declared bankrupt.

Being bankrupt also curtails your ability to travel outside Australia. It's also very difficult to obtain credit or finance once you have been declared bankrupt, often for the rest of your life. Quite simply, the consequences of being declared bankrupt seriously outweigh any perceived benefits such as being ostensibly debt-free.

What are the alternatives to bankruptcy?

Even if you have high debts, there are many alternatives to being declared bankrupt. Most people should fully explore these options before going down the bankruptcy path.

Depending on the size of the debt, it's possible to enter into formal or informal arrangements with your creditors to work out a payment plan to repay the debt over a period of time.

Again depending on your individual circumstances, it's also possible to consolidate all your debts - for example credit card and personal loans debts - into one loan. This will usually mean you pay a lower interest rate than the interest rate being charged on each individual loan, which should also ease your debt burden.

At the moment, many financial institutions are also offering mortgage holidays to people who are having short-term problems paying off their mortgage. If you have lost your job it's worthwhile contacting your financial institution to see whether they will offer you a mortgage holiday to give you a bit of breathing space on your mortgage until you find another job.

Anyone who is struggling to pay off their debts should also talk to a financial counsellor about how best to manage their ongoing financial liabilities. Although financial counsellors can't usually act as a mediator between you and your creditors, they can suggest approaches you can take to help reduce your debt burden and get back on the path to wealth.

To contact a financial counsellor, get in touch with a respected charity such as the Salvation Army. There are also state-based financial counselling associations that will be able to help you find a financial counsellor in your local area.

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11 Comments Report Abuse
1. c_mearns - Jun 30 02:55pm
Financial Counsellors do not do insolvency debt agreements. They simply give information. These organisations also have a propensity for recommending bankruptcy.
2. c_mearns - Jun 30 02:57pm
Reckless spending and gambling in a period of two (2) years leading up to bankruptcy can invite penal consequences.
3. stephn_g - Jun 30 03:43pm
I have a friend whose son was in a car accident and was uninsured. He hit a Ferrari and caused $70k damage. He had no assets, was unemployed and uninsured. The Ferrari owners insurance company monstered him continually and in the end he told them he was going to apply for voluntary bankruptcy. They backed off very fast and told him not to (as it would mean they would not get any money from him at all). He offered to pay the debt off at $10 a week. And so long as they accept the payments, they ca
4. stephn_g - Jun 30 03:44pm
I have a friend whose son was in a car accident and was uninsured. He hit a Ferrari and caused $70k damage. He had no assets, was unemployed and uninsured. The Ferrari owners insurance company monstered him continually and in the end he told them he was going to apply for voluntary bankruptcy. They backed off very fast and told him not to (as it would mean they would not get any money from him at all). He offered to pay the debt off at $10 a week. And so long as they accept the payments, they ca
5. squirrel_td2 - Jun 30 03:50pm
yep, went to one and she keeps pushing bankruptcy... people dont want to deal with her... she wants us to go bankrupt... all in all pretty useless lol
6. wynbruton - Jun 30 04:31pm
i went bankrupt three years ago, best decision ever, dont hesitate, make move immediately, do it yourself, easy and free
7. wynbruton - Jun 30 04:35pm
koch lives on easy street, wouldnt know what a financial stuggle is, bankruptcy is a chance to restart your life, lifes to short to hesitate, if stuck in financial debt
8. wynbruton - Jun 30 04:49pm
what is koch on about, if you need to go bankrupt the PERILS and PITFALLS are greater if you do not go bankrupt
9. wynbruton - Jun 30 04:54pm
easy to talk the talk, but has koch walked the walk, with bankruptcy take your advice from people who talk the talk from having walking the walk
10. hawkesbury2777 - Jul 15 09:18am
In the article Mr Kosh says that financial counsellors usually cannot mediate with creditors, this one of the tools that they do use extensively and in fact creditors like to deal with them because they have discussed all the options with the person in financial trouble and can suggest a reasonable outcome with them and the creditor
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