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I would like some guidance on what I should do, I have been

Customer Question
going through breast cancer for...
I would like some guidance on what I should do, I have been going through breast cancer for the past 3yrs and in that time, i have managed to wrack up debt and kill my credit score it is very low. I was going to see a financial counsellor at the start of the year and when i spoke with her on the phone she told me to stop all direct debits, which i did, well, because of my illness and me being so tired etc, I missed the first appointment It was weeks later until i could see her so i rebooked anyway, in the meantime, i have people starting to chase me and my husband and we got to the stage where we were just going to go bankrupt. I found a company and proceeded to do this, then my bank decided that - even though this was a new direct debit they were not going to pay the amount out of the account, so in turn the company said they couldn't help us, now i have been through several places and spoke with many people and they all want a good deal of money to lodge bankruptcy. I have a TPD claim going through my insurance company which means I will have a payout very soon after nearly 3yrs of proving to them that i cannot work in my former employment ever again. What i would like to know, and the information i have just given is very shortened- but i would like someone to tell me if what i am proposing on doing with my creditors will benefit or do i just bite the bullet and go bankrupt. I am proposing to call all of them and say for instance i owed $6000 tell them that I can afford to give them as a first and final payment $3000 and that it would be paid in the next 30days? So I am thinking that if i were to barter with them as most of these debts have now gone to collection agencies thanks to my friend the financial counsellor!!!! and if i dont move quick a lot of them will start court proceedings. so i guess do i barter and give them something or go bankrupt and give them nothing. Any help would be much appreciated. Thank You Cassandra
Submitted: 1 month ago.Category: Australia Law
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Answered in 1 minute by:
10/13/2017
Solicitor: Leon, Solicitor replied 1 month ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,113
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 1 month ago

Good Afternoon

I would suggest you not use the companies and do it yourself

You can speak to all your debtors and ask them to accept a lesser amount.

They may ask you for your financial position and you will have to provide evidence. This is best done now before you receive any payout.

How much do you owe in total and what are you due to receive?

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Customer reply replied 1 month ago
I think between both myself and my hubby a very rough estimate would be maybe $30 000 or less, and i am due to receive roughly $130 000.00 less lawyers fees
Solicitor: Leon, Solicitor replied 1 month ago

Good Afternoon,

do you know when you will be receiving this money, and has your solicitor giving you an estimate of the deductions so that you know the exact amount you will receive?

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Customer reply replied 1 month ago
If i were to go bankrupt can they take any of my payout, i read somewhere that because it is insurance claim that they cant? and also when i receive this money if i were to pay them all if i were bankrupt can i get the bankruptcy reversed?
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