The law covers this off under the Bankruptcy Act 1966 which
allows for trustees to distribute property fairly among creditors and prosecute
dishonest debtors. Bankruptcy lasts three
years but can be extended. Since 2003 several patterns among bankrupts have
been noticeable: they are mostly male (55:45), they are getting older, and they
have less children than before. The primary causes are unemployment and
economic conditions affecting their industry (particularly since 2009). The majority
of bankrupts earn $30,000 or less and the size of their unsecured debt is
increasing.
Despite their low incomes, almost half of them have unsecured debt of more than $50,000 and over a quarter per cent have unsecured debt of more than $100,000.
Despite their low incomes, almost half of them have unsecured debt of more than $50,000 and over a quarter per cent have unsecured debt of more than $100,000.
Over 23,000 Australians went bankrupt in 2011 and ISA constructed
a profile of the average bankrupt last year. He was male aged between 35 and 54 years and single without dependants. It was
his first time bankrupt. He earned less than $30,000 in
the 12 months prior to bankruptcy (well below the $48,000 national average) and
owed more than $20,000 mostly to the banks. He had no assets like property that
could be used to repay creditors. Tasmania
and Queensland had the highest percentage of bankrupts and NT had the lowest.
Three percent of bankrupts identified as Indigenous (who comprised 2.5% of the population).
Nearly half of the liabilities is unidentified by the
research with the “other” category responsible for 47% of all debt. Of the
identified debt, credit cards were highest, responsible for 21 percent of unsecured
debt followed by personal loans and house mortgage both on 12 percent. Credit
cards also accounted for 18% of personal insolvency agreement debtors’ debt and
a record 58% of debt agreement debtors’ unsecured debt.
According to ASIC, Australians have over $36
billion owing on credit cards, an average of $4,700 per card holder. MoneySmart’s
Delia Rickard said paying off their credit card debt should be a top priority
for millions of Australians. ‘If you
have $4,700 credit card debt (the national average) and only make the minimum
repayments, it will take 49 years to pay it off and cost you around $14,600 in
interest,” Rickard said. “But if you are able to pay off $250 each month, you’d
pay off your debt in two years and save $13,700 in interest.”
Despite the RBA keeping interest rates at historical
lows, banks still charge astronomical rates for their credit cards. Paul Clitheroe said the average card rate is around 17 per cent but many charge 20 per
cent or more. “Monthly interest charges continue to eat away at household
budgets making it hard to get ahead with card debt,” he said. “If you're
serious about clearing card debt, one solution is to use a personal loan to pay
off the balance.” Clitheroe said this would increase monthly repayments but the
debt would be paid off in three to five
years depending on the loan term.
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