How is the bankruptcy procedure carried out?

Once appointed, the Registered Bankruptcy Trustee will inform the creditors and take over the bankrupt’s financial affairs, allowing the debts to be managed and properly settled. The trustee may be required to liquidate assets in order to raise the required funds to pay off the obligations owing. Any assets that are divided into smaller parts, such as cars, houses, stocks, jewelry, and the like, may be sold by the trustee.

The debt relief offered by the bankruptcy procedure has several exceptions, including:

• Child support
• Judicial fines or sanctions
• Federal loans for students
• Debts accrued upon the bankruptcy filing

Most unsecured debts—those with no associated collateral—are covered by bankruptcy, but it’s important to talk with a Registered Bankruptcy Trustee o have a clearer understanding. The bankrupt is required by law to be upfront and truthful with the governing trustee and present any facts relevant to a change in circumstances, including work status, income, and financial statements. The bankrupt can have to make mandatory income contributions if their income levels are higher than the set limitations.

A bankrupt’s ability to travel abroad will be impacted by bankruptcy; in order to do so, he or she must ask the trustee for authorisation. Without formal permission, one is forbidden from traveling abroad, which has serious consequences.

If a bankrupt fails to fulfill their commitments, the standard duration of bankruptcy, which is three years and one day, may be prolonged. As a result of the bankrupt’s noncompliance with the law, the trustee will file an “objection to discharge” in this situation. There are specific situations when a bankruptcy might be prolonged for up to an 8-year period.

How long are bankruptcy records retained in Australia?

A person’s entry on the National Personal Insolvency Index will be made after filing for bankruptcy (NPII). The information is part of a permanent record and can be seen by anyone who pays to search the index.

On the index, the following details are listed:

• Birth date
• The home’s address
• Occupation
• Names from the past
• The bankruptcy’s specifics, including the trustee’s contact information,
• Current status of the bankruptcy

The bankruptcy will be recorded on the debtor’s credit file as well, and it will be there for either five years from the day the bankruptcy starts or two years from the date it is discharged (whichever is later).

Is filing for bankruptcy the best course of action for you?

Bankruptcy could be the best course of action for you, depending on your specific situation. We implore you to contact a specialist as soon as you can if you are under financial difficulty. In general, doing so will lead to a better end for all involved parties and may open up additional possibilities for handling the matter.

Learn more about bankruptcy services we offer here