Rights of Creditors

Rights of creditors under the Act include:

• the right to information about the debtor’s financial position;
• the right to make submissions to the personal insolvency practitioner regarding the manner in which the debts might be dealt with under the terms of a Debt Settlement Arrangement or Personal Insolvency Arrangement;
• the right to vote at a creditors’ meeting in respect of a Debt Settlement Arrangement or Personal Insolvency Arrangement;
• the right to share in distributions to creditors under a Debt Settlement Arrangement or Personal Insolvency Arrangement in accordance with the terms of the relevant arrangement and the provisions of the Act;
• where the debtor’s financial position improves during the period of a Debt Relief Notice, Debt Settlement Arrangement or Personal Insolvency Arrangement, the right in certain circumstances to increased payments from the debtor in the case of a Debt Settlement Arrangement or Personal Insolvency Arrangement and the right to receive payments which they would not otherwise be entitled to receive in the case of a Debt Relief Notice;
• the right to special protections as a secured creditor in the Debt Relief Notice and Personal Insolvency Arrangement processes (note – a secured debt cannot be included in a Debt Settlement Arrangement);
• the right to contest the granting of (i) a protective certificate (in the case of a Debt Settlement Arrangement or Personal Insolvency Arrangement process) or (ii) a Debt Settlement Arrangement, Personal Insolvency Arrangement or Debt Relief Notice, in the appropriate court on the grounds and within the time limits specified in the Act.