Personal Insolvency Agreements

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What is a personal insolvency agreement?

A personal insolvency agreement is a legally binding agreement between you and your creditors to settle debts. It is a flexible alternative to bankruptcy designed for people with significant debt who have some capacity to make payments.

Under a personal insolvency agreement, you agree to pay a percentage of your combined debts over a set period. Once you complete the agreement, the remaining unpaid debt is written off, giving you a fresh start. This process provides certainty for both you and your creditors.

Eligibility

To be eligible for a personal insolvency agreement, you must be insolvent - that is, unable to pay your debts as they fall due. Eligibility criteria, set out in the Bankruptcy Act, include:

  • You must not have entered into a personal insolvency agreement or been bankrupt in the previous 10 years.
  • Your financial position, including assets, income, and unsecured debts, must meet certain thresholds.
  • Both secured and unsecured debts will be considered before recommending a PIA or debt agreement.

Our experienced team can quickly review your circumstances to determine a suitable approach for you.

Our personal insolvency agreement process

1

Appoint a trustee

Appoint a registered controlling trustee to manage your property and develop your proposal.

2

Proposal to creditors

The trustee shares your proposal with unsecured and relevant secured creditors.

3

Creditor meeting

Creditors vote on the proposal; approval requires a majority in value and over 50% in number.

4

Agreement begins

Once approved, the PIA becomes legally binding, and payments commence as per the agreement.

5

Completion

After fulfilling all obligations, the agreement ends, debts are cleared, and completion is recorded on the National Personal Insolvency Index.

Why Choose Mackay Goodwin?

At Mackay Goodwin, we provide compassionate, professional support tailored to your unique needs. Discover why we're the trusted choice for personal and corporate insolvency services.

Experienced Practitioners

Our team of accredited personal insolvency practitioners has decades of expertise, helping individuals find practical solutions to complex financial issues.

Customised Solutions

We understand that no two financial situations are the same. That’s why we craft personalised strategies to suit your specific circumstances, giving you the best path toward financial recovery.

Comprehensive Guidance

From start to finish, we offer a complete range of services to support you through every step of your personal insolvency agreement.

Take the first step toward financial relief

Understanding personal insolvency agreements is the first step toward resolving financial distress. You don't have to face this journey alone. Our team at Mackay Goodwin is here to provide the expert advice and support you need to make an informed decision.

Contact us today for a confidential discussion about your options.

Meet our insolvency experts

Edwin NarayanEdwin Narayan hover

Edwin Narayan

Director & ASIC Registered LiquidatorSydney

Edwin is a valuable member of the senior Mackay Goodwin team, with a huge amount of expertise and experience in running a range of different Deed of Company Arrangement proposals, for Administrations across a diverse range of industry sectors, and in all states across Australia.

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David HurstDavid Hurst hover

David Hurst

Director & ASIC Registered LiquidatorSydney

David has a wealth of experience across receiverships, voluntary administrations and liquidations together with restructuring and turnaround engagements. Growing up in Bathurst, NSW, David’s interest in agriculture and passion for motorsport translates to his hands-on approach in the insolvency industry. Taking upon a broad range of appointments, David provides a thorough analysis of the current situations his clients are facing and provides the best possible outcome for them and other stakeholders. David’s experience allows him to draw on a broad range of prior appointments and their unique nature to facilitate the survival of a business where possible by using achievable arrangements.

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Mitch BallMitch Ball hover

Mitch Ball

Chief of Insolvency Operations & ASIC Registered LiquidatorSydney

Mitchell has 20 years’ experience in corporate insolvency and restructure. Mitchell is a Registered Liquidator having working on many types of corporate appointments. He has managed complex liquidations and voluntary administrations in numerous industries with expertise in property, finance, manufacturing, IT and building and constructions. Mitchell brings value to appointments from start to finish, from marketing and having initial contact with clients to achieving exceptional outcomes.

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Grahame WardGrahame Ward hover

Grahame Ward

Director & ASIC Registered Liquidator

Grahame Ward is a Registered Liquidator and Administrator with expertise in industries like property, tourism, transport, hospitality, and manufacturing. Since 1996, he has specialised in corporate and personal insolvency, reorganisation, restructuring, and crisis management. As a Chartered Accountant and Official Liquidator, Grahame is known for delivering timely and practical advice, especially in complex insolvency matters. He is actively involved in professional development through ARITA, sharing his knowledge as a workshop leader. Grahame is committed to achieving positive outcomes for stakeholders, offering reliable support during challenging financial situations.

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Gavin KingGavin King hover

Gavin King

Director, ASIC Registered Liquidator & AFSA Registered Bankruptcy TrusteeSydney

Gavin King is a seasoned business advisor and insolvency expert with extensive experience in corporate restructuring and turnaround management. Over the course of his career, Gavin has helped numerous businesses navigate complex financial challenges, providing tailored solutions that maximise stakeholder value. Specialising in insolvency administration, he brings a hands-on approach to managing voluntary administrations, liquidations, and corporate workouts. With a proven track record of leading successful recovery processes, Gavin leverages his deep industry knowledge to guide businesses through periods of distress, ensuring they emerge stronger and more resilient.

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Andrew Quinn

Andrew Quinn

Director & ASIC Registered LiquidatorBrisbane

Andrew Quinn is a seasoned professional in the insolvency and restructuring industry, serving as a Director at Mackay Goodwin. With a deep understanding of complex financial challenges, Andrew has guided numerous businesses through voluntary administrations, liquidations, and corporate restructurings. His industry experience spans across sectors including construction, hospitality, and professional services, providing him with a diverse skill set to address each client’s unique needs.

Andrew’s strategic approach focuses on achieving the best possible outcomes for all stakeholders while navigating businesses through periods of financial adversity. His commitment to providing tailored solutions ensures that businesses receive the support they need to recover and thrive in challenging times.

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FAQs

A debt agreement is a formal repayment plan for people with smaller debts, lower income, and limited assets, while a personal insolvency agreement is a more flexible arrangement used for larger or more complex debts.

Debt agreements have strict eligibility limits, whereas personal insolvency agreements allow tailored repayment terms but are generally more costly and complex to set up.

A personal insolvency agreement generally covers most unsecured debts, allowing you to address a wide range of financial obligations in one formal arrangement. These commonly include:

  • Unsecured debts such as credit cards, personal loans, unpaid utility and phone bills
  • Tax debts, including those owed to the ATO
  • Outstanding medical bills and other unsecured liabilities

Secured debts, such as mortgages or car loans tied to specific assets, are not covered by a PIA. These must be managed separately and may require different arrangements with your lenders.

It’s important to be aware of the potential consequences of personal insolvency. Some of the key impacts include:

  • Your personal insolvency agreement will be recorded on the National Personal Insolvency Index, a public register.
  • There will be a significant impact on your credit rating, and this can affect your ability to obtain further credit.
  • You may face restrictions when applying for loans, credit cards, or other forms of credit during and after the agreement period.
  • You are legally obliged to comply with all terms set out in the personal insolvency agreement.
  • Details of your financial position and the agreement are disclosed to creditors and relevant authorities.
  • Certain employment restrictions or limitations may apply in specific industries.
  • Your ability to act as a company director may also be affected.

Find out how directors can manage debt when facing financial difficulties.

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