To commit to a debt repayment plan you must first be able to afford to pay regular instalments for long enough to get the job done. So, before deciding how to pay your debts, you must work out how much you can pay. In doing this, do not disregard the importance of your own wellbeing. You do not have to live like a pauper so that you can afford to make debt repayments. Law supports this view. For example, bankruptcy provides protection for the first $50,000 that you earn each year. It also protects your tools of trade (so you can continue to earn a living); essential household property, even a modest car.
The first use of your money should be to ensure your wellbeing, your family, too. The demands of creditors come a distant second. Creditors would rather you believed that they can take everything you own in payment. However, this is just not true.
The pressure you feel probably stems from finding that, after paying your creditors, you cannot pay for food, accommodation, or other essentials. This is no way to live, so turn it around. Put your needs first. Keep enough of what you earn to cover your day-to-day living costs. Whatever amount is left at the end of each month can be used to repay your debts.
if you want to solve your debt problems properly and not just hide them for a while then it is vital to calculate how much of your earnings you need to keep to cover your essential living costs. Use our Spending Planner to list all of your normal living costs, ignoring debt repayments to unsecured creditors. Calculate exactly how much spare cash you have to pay to creditors each month.
Making a Spending Plan can be a sobering experience. You need to be honest with yourself about what you spend money on and how much. Too often people approach budgeting by overlooking their real spending just to make the figures look good. There is a saying, “Garbage in, garbage out.” This is particularly true of budgeting.
Planning your spending is a two-step process. On your first attempt, list what you are spending on and note the level of spending you should be allocating to each item. For example, don’t skimp on your groceries. Spending $100 per week for an individual is advisable particularly as this has to cover food and cleaning products. Allow for gift giving, clothing replacement, and personal entertainment too. These things keep you sane and are a part of everyone’s life. Missing these finer points is the usual cause of budgeting failure.
Now, do it again. Review your Spending Plan and rank your spending needs from ‘non-negotiable’ to ‘non-essential’. Reconsider the level of spending allocated to each, making adjustments as you go. Reduce spending on less important items perhaps drop some items from your list altogether until your spending either matches your earnings or is less than your earnings.
After completing your Spending Plan you will know how much spare cash, if any, you have each month to pay off your overdue debts without causing yourself unacceptable hardship. The honorable thing to do is to offer to split this money amongst your creditors fairly.
When you cannot pay all creditors what they are owed, it is a legal requirement that you should pay each of them in proportion to the amount they are owed, relative to the total of your debts. For example, a credit card debt which is one quarter of your total debts, should be paid one quarter of the monthly allocation for debt repayment.
Whether what you can afford to pay is enough, will be decided by each creditor individually. How much they ultimately collect from you is up to them. They can either agree to your payment plan or accept the consequences. You are not responsible for their outcome.
It would be terrific to know exactly how much is enough but there is no law or golden rule that prescribes this. It is up to the creditor. There are patterns to creditor behavior though.
- Creditors do not like arrangements running longer than three years;
- If they extend the time to pay they expect you to pay them interest in compensation; and
- Creditors do offer and accept discounted settlement if cash payment is made quickly.
Creditors do not have to accept your offer of repayment. Your offer needs to be commercially realistic. At the very least they expect you to clear your debt in under three years. Knowing this helps to calculate the minimum acceptable rate of repayment
Exercise: How to calculate the minimum acceptable repayment
- Add up all of your overdue unsecured debts; then
- Divide the total by 36 (months);
- The result indicates the minimum monthly debt repayment that creditors would expect you to offer.
Other Chapter Topics
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Notes:
Division 4B Bankruptcy Act 1966
Section 116(2) Bankruptcy Act 1966 (Cth)
Refer to the Spending Planner included in the Tool Kit
Use the Spending Prioritizer included in the Tool Kit
Sections 109 and 122 Bankruptcy Act 1966
Use Payment Distribution Calculator in the companion Tool Kit