The Consequences of a Debt Agreement

  • You are not bankrupt.
  • All unsecured creditors are bound by the Debt Agreement and are paid in proportion to their debts.
  • You are released from most unsecured debts when you complete all your obligations and payments.
  • Secured creditors may seize and sell any assets (eg a house) which you have offered as security for credit if you are in default.
  • Creditors cannot take any action against the your property to collect their debts.
  • The agreement does not release another person from a debt jointly owed with you.
  • A debtor who proposes a Debt Agreement commits an act of bankruptcy. A creditor can use this to apply to a court to make the debtor bankrupt if the proposal is not accepted by creditors.
  • The debtor's name and other details appear on the National Personal Insolvency Index (NPII), a public record, for the proposal and any debt agreement.
  • The ability of the debtor to obtain further credit is affected. Details may also appear on a credit reporting organisation's records for up to seven years.
  • During the voting period creditors cannot take debt recovery action of enforce a remedy against you or your property and must suspend deductions by garnishee on your income.


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