Bankruptcy is available to people who are unable to pay their debts, or who are suffering financial hardship.

How Does a Person Become Bankrupt

A person who is unable to pay their debts may voluntarily file for bankruptcy by filing a Debtor’s Petition with the Official Receiver from the Australian Financial Security Authority (“AFSA“), which is a Commonwealth Government agency. A person filing for bankruptcy may appoint the Official Trustee from AFSA to act as their trustee, or they may appoint a private trustee, such as those at Pearce & Heers.

Creditors can also apply to Court to make a person who is unable to pay their debts bankrupt if they have a judgment against the person for over $5,000 and if the person has committed an act of bankruptcy. A creditor who applies to Court in order to bankrupt a person may elect to have the Court appoint a private trustee as trustee of the bankrupt estate or they may arrange for the Court to appoint the Official Trustee.

What are the Consequences of Bankruptcy

If a person becomes bankrupt:

  • The person is released from their provable debts;
  • An independent party (the bankruptcy trustee) is appointed to arrange for the sale of the person’s divisible property;
  • The funds realised by the bankruptcy trustee are distributed, after payment of the bankruptcy trustee’s costs and expenses towards payment of the bankrupt person’s creditors.

The divisible property which will be sold or realised in bankruptcy may include a person’s interest in any real property, shares, cash at bank or motor vehicles or tools of trade over a certain value. However, it does not include (subject to certain exceptions), superannuation, household furniture and belongings and other excluded assets including tools of trade and motor vehicles valued at less than the statutory limit.

Some of the other common consequences of bankruptcy are:-

  • There will be a permanent record of a person’s bankruptcy on the National Personal Insolvency Index, which is a register maintained by AFSA of people who have become bankrupt or been a party to other types of insolvency proceedings;
  • A person must prepare and lodge a Statement of Affairs with AFSA at the time of filing a Debtor’s Petition for bankruptcy or a person made bankrupt by the Court must provide their trustee with a Statement of Affairs within 14 days of being notified of their bankruptcy;

A person who is bankrupt cannot act as a company director, or trade a business other than under their own name;

Undischarged bankrupts are not entitled to incur credit over a certain statutory limit without advising the person that they are dealing with that they are bankrupt;

  • A person who is bankrupt is required to pay income contributions to their trustee if their net after tax income exceeds a certain statutory limit; and
  • A person who is bankrupt must deliver their passport to their trustee and must not travel overseas without their trustee’s written consent.

Information and Advice Regarding Bankruptcy

If you would like to obtain further general information regarding bankruptcy you may wish to view our Bankruptcy FAQs Page.

If you are seeking advice regarding bankruptcy please contact our Brisbane or Gold Coast office and our experienced staff will be able to assist you.

GET IN TOUCH

We’re happy to answer any questions you may have, so please don’t hesitate to call us and schedule a consultation.

BRISBANE OFFICE

Address

Level 12
127 Creek Street
Brisbane Qld 4000

Phone

Phone: 07 3221 0055
Fax: 07 3221 8885

Postal Address

GPO Box 691
Brisbane Qld 4001

Email

mail@pearceheers.com
GOLD COAST OFFICE

Address

Level 15, Corporate Centre One
2 Corporate Court
Bundall Qld 4217

Phone

Phone: 07 5630 1179
Fax: 07 5574 2097

Postal Address

PO Box 4973
Gold Coast MC Qld 9726

Email

gcmail@pearceheers.com
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