Attorney-General, Robert McClelland has recently released details of proposed changes to existing personal bankruptcy legislation.

The changes are now available for public consultation and are intended to modernise the current legislation to better reflect what is actually happening in the community. Specifically, it is addressing the fact that we are increasingly seeing a larger number of bankruptcies in relation to consumers with a small amount of assets and low income levels. Where previously bankruptcy was more commonly associated with individuals who were often simply attempting to avoid paying their debts, bankruptcy is now being increasingly accessed by those who have simply found themselves having a hard time financially.

Some major items of the proposed changes include:
• increasing the minimum debt for which a creditor can petition for bankruptcy from $2,000 to $10,000;
• increasing the stay period from when a declaration of intent to file a debtor’s petition is filed to when a creditor may commence action to recover debts from seven to 28 days; and
• increasing the income, asset and debt thresholds to allow more people in financial distress to enter into voluntary debt agreements. (more…)

In the today’s economic climate, an increasing number of businesses are suffering from financial stress. When debt is piling up, it can be difficult to determine if or when to file for bankruptcy protection. The following is concise overview of the issues surrounding bankruptcy, but you should always consult a professional before making any decisions.

When to file for bankruptcy? The short answer is you should try every other solution first.

For small business owners, a business bankruptcy can affect your personal finances. If your company is a partnership or sole proprietorship, you can be held personally responsible for your business debts. That means your personal assets can be used to satisfy your creditors! Of course, in these cases, you should seek every potential alternative in order to protect your personal property and assets. Moreover, a bankruptcy filing will probably make it harder to start a new business down the road. Not only will your assets be depleted, but you’ll also have the social stigma and financial baggage of a past bankruptcy.

However, even when your company is besieged by creditors, there may be non-judicial options available. Restructuring and financial workouts can help satisfy your debtors without filing for bankruptcy. In many cases, just informing your creditors that you’re considering bankruptcy is usually enough incentive to bring them to the bargaining table. These prevention methods facilitate the creation of a compromise between your business and debtors. Whereas a bankruptcy would likely result in the creditor getting nothing, these negotiations result partial repayment, Workouts and debt restructuring are an effective way of satisfying your company’s debts without the hassle, cost, or embarrassment of a filing bankruptcy. (more…)

With the economic climate continuing to tighten our belts, you may have considered refinancing your mortgage but have you considered refinancing your car?

Auto refinance allows you to repay your existing car loan and replace it with a refinanced one. This might sound a pointless act of swapping one loan for another, but if you make the right choice it can be beneficial.

By taking out a refinanced loan you are changing the terms of your original loan. This can mean lower monthly repayments, extended repayment time and you may even benefit from lower interest rate than your current rate. (more…)