Bankruptcy Q&A facts
WHAT YOU NEED TO KNOW.
Bankruptcy is a legal process where a trustee is appointed to administer an insolvent person’s affairs, in order to provide a fair distribution of that person’s assets to their creditors.
Bankruptcy is a legitimate and just way for a debtor to solve their debt problems, and it is one way for creditors to take action against someone for unpaid debts.
Why choose bankruptcy?
If you cannot pay your bills and owe money, you are technically insolvent, bankruptcy is a way out of your situation and help you start again.
The Bankruptcy Act 1966 was created exists to protect debtors (i.e. the bankrupt) and creditors.
The debtor (you) are protected from being pursued by creditors and, with limited exceptions, and released from their debts at the end of the bankruptcy.
Bankruptcy provides a debtor with a fresh start.
Where there is assets in a Bankruptcy creditors’ interests protected by having an independent, qualified trustee accountant control and investigate the bankrupt’s affairs, and collect and distribute the bankrupt’s assets.
What’s the bankruptcy period.
Your bankruptcy period is three (3) years and one (1) day.
What about my credit rating.
Your credit rating is affected for five (5) years, yes your credit rating is affected, however you may be able to take out small loans to purchase items like furniture and electronics, you must tell the company that you are in bankruptcy being honest will pay off.
Can I keep my Car and Tools?
Yes, however there is a limit that A.F.S.A applies to what value you can own, ($7900) for a car and ($3700) for tools, we will let you know what the condition are.
Inheritance and large windfalls.
If you are part of Will where by you are entitled to monies from an estate this situation will be of great interest to you trustee whilst in you 3 year bankruptcy period, you will be asked to pay back your creditors and the trustee has a legal obligation and a right to take this money, if you are lucky enough to win lotto within the 3 year bankruptcy period you will have to pay your creditors.
Can be claimed if no fraud has been committed, however it will be at the discretion of the trustee who will be assigned to your application.
Cannot be claimed under bankruptcy.
Traffic Fines, HEX or Student loans, child maintenance payments (lack of) may be refused in a bankruptcy application
Your ATO Tax Bill.
Can be claimed under bankruptcy, yes it gets WIPED.
How long does the process take to become Bankrupt?
Depending on what’s involved in your current situation, we have the capacity to lodge your bankruptcy application in 24 hours, this is however dependent solely on your ability to provide the necessary documents.
And the once the government department has your application getting a bankruptcy number is also dependent on how many creditors you have and how complex your financial affairs are.
Generally it takes up to 3-4 days with up to 5 creditors on a personal bankruptcy applications, we have applied some of our customers and they have been made bankrupt in 24 hours, it can take longer for business and or companies.
Normally it take 3-4 days and up to 10 days, it does depend on AFSA and how long it takes for them to process.
Your name will be on the public register (NPII) forever: it will also be recorded on a commercial credit record for 5 years, or longer in some circumstances
What is a Trustee?
Is a qualified and Government registered insolvency agent, a trustee is a person permitted to manage a bankruptcy. They must be registered with the Australian Financial Security Authority (AFSA).
A trustee will administer your bankruptcy: you may ask a registered trustee to administer your bankruptcy. If you do not choose one, one will be appointed.
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