If you are searching for bankruptcy advice it is critical that you obtain it from a genuine expert in the field of bankruptcy. Who should you trust for advice? At Bankruptcy Australia we have fully qualified personnel to assist you with your bankruptcy enquiry. Our personnel have years of experience of dealing with and managing bankrupt estates, so you can
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Credit whilst bankrupt
Whilst bankrupt you may only apply for credit up to the statutory limit $5,301 (current as at March 2014) . If you apply for credit above this amount $5,301 (current as at March 2014) then you must disclose to the credit provider that you are bankrupt. If you fail to disclose your status as a bankrupt and apply for credit
Trustee to assess the bankrupt’s income for compulsory income contributions
Section 139 of the Bankruptcy Act states that a Trustee in Bankruptcy must assess a bankrupt’s income each year to establish if the bankrupt is liable to pay compulsory income contributions. Try our compulsory income contribution calculator to see if you would be liable for compulsory income contributions.
Trustee can hold a meeting of creditors
A Trustee in Bankruptcy can hold a meeting of creditors and order that the bankrupt attend the meeting and answer any questions under Section 64 of the Bankruptcy Act.
Trustee to publically examine a bankrupt
A Trustee in Bankruptcy can apply to court to publically examine the bankrupt and any associate of the bankrupt under Section 81 of the Bankruptcy Act. The purpose of a public examination may be to assist the Trustee in Bankruptcy to find concealed assets.
Trustee to issue notices to obtain information
A Trustee in Bankruptcy can issue formal notices under the Bankruptcy Act to persons associated with the bankrupt. A Trustee in Bankruptcy may do this to collect more information about the bankrupt’s financial affairs. A Trustee in Bankruptcy may issue a formal notice under Section 77AA of the Bankruptcy Act to any person who has had financial dealings with the
Trustee to bring or defend any legal proceedings
Section 134 of the Bankruptcy Act states that a Trustee in Bankruptcy has the power to commence or defend legal proceedings. A Trustee in Bankruptcy may do this to collect assets for the bankrupt estate. In doing so a Trustee in Bankruptcy may need to instruct a lawyer to assist in assessing the merit of the legal proceedings.
Trustee to apply to court to carry out any function
A Trustee in Bankruptcy can apply to court under Section 139A of the Bankruptcy Act to seek assistance from the court to carry out any function defined
Trustee to apply to court for a warrant to seize property
Section 130 of the Bankruptcy Act states that a Trustee in Bankruptcy has the power to apply for court for a search and seize warrant. A Trustee in Bankruptcy may do this when assets or books and records of the bankrupt have been indentified. The Trustee in Bankruptcy may require the assistance of the court to access the assets or
Trustee to pay out mortgages
Section 136 of the Bankruptcy Act states that a Trustee in Bankruptcy has the power to pay out a mortgage of the debtor. This is required to enable the Trustee in Bankruptcy to realize the assets for the bankrupt estate. For example if the bankrupt holds shares but the shares are encumbered, the Trustee in Bankruptcy may firstly pay out
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