When restructuring existing debt for cash loans for cars in Sydney, ratios need to be changed, without having to come to a reduction in debt amount. The change may be in the reduction of the existing interest or principal to relieve the debtor of excessive expenses (interest payments) or liquidity stress (repayment burden), which can lead to the insolvency or over-indebtedness.
So debt restructuring aims to reduce the repayment burden in order to improve the business and prevent the private over-indebtedness. To achieve this condition, however, it is not uncommon to shift the debt amount in the context of a new obligation to proportionally reduce the term of the debt and repayment burden.
Legally, the restructuring is considered differently in various countries. Where a pre-existing contractual obligation is altered only by additions or amendments in the legal sense so the previous contract continues. However, there will be no reference to the previous obligation but a new credit agreement replaces the previous. There is a presumption rebuttable by Novation. Technically this is new borrowing to the repayment of existing debt.
Even the Supreme Court considers the conversion of a bank overdraft into a loan with the same bank (internal restructuring).
The relief of interest can be brought about by switching from fixed rates to floating rates or vice versa or by a new funding base. Interest and amortization expense can be loosened by an extension of the existing interest rate and repayment periods. This can be done through grace periods or by switching to low debt principal repayments.
Remedial measures
Other remedial measures are often referred to as debt restructuring have nothing to do with the content. The consolidation and conversion of short-term into long-term debt can serve as debt restructuring and will be construed as a novation in most cases. This is the case when an existing short-term credit contract is replaced by a long-term version and the payment of the long-term loan agreement is used solely to repay the debt under the term loan agreement.
For companies and governments, debt restructuring is the result of a previous excessive borrowing, which coincides with a phase of economic weakness. As long as a favorable business environment prevails, the debt burden is not noticed or is trivialized because it is believed that favorable economic circumstances would contribute to a substantial improvement in the debt situation.
Reasons for excessive borrowing can be linked to bad investments, lack of equity or high losses from operating or non-operating items (fixed assets or other investments) for businesses. With governments, this is often due to high military spending, leakage of government revenues through corruption or investments in economically nonsensical prestige projects (such as buying an expensive jet for the President (very common in impoverished African countries)).
