PAST ARTICLES

How the ATO can garnishee your wages

How the ATO can garnishee your wages

Some people unfortunately incur unmanageable tax debts.  This can be income tax, or perhaps PAYG Tax or GST from a sole trader business or director penalty debt.  Once this tax debt reaches a certain level it can be difficult to ever pay given interest and penalties can keep accruing....

What happens to cash at bank in bankruptcy?

What happens to cash at bank in bankruptcy?

In this article, we will first explain what a bankruptcy is, what happens after an individual goes bankrupt, and finally what happens to monies in a bank....

Can you start a business after going bankrupt?

Can you start a business after going bankrupt?

Starting a business after bankruptcy is possible, but with restrictions. While you can't be a company director for three years, you can operate as a sole trader. Your business name must include your own name, and there are limitations on obtaining credit and operating businesses requiring certain licenses. Profits from your business are considered income for bankruptcy purposes, and you may have to pay income contributions if your earnings exceed a certain level. Despite these restrictions, many people successfully rebuild their financial lives through entrepreneurship after bankruptcy. Need guidance? Contact us for assistance....

QBCC Home Owner Warranty claims; when are they not released by bankruptcy?

QBCC Home Owner Warranty claims; when are they not released by bankruptcy?

Directors of building companies are liable for claims by the QBCC and liquidating the companies will not avoid personal liabilities of the directors. They can either voluntarily declare bankruptcy, or be made bankrupt by the QBCC, but this will not necessarily release them them from all QBCC claims....

How does someone make you bankrupt?

How does someone make you bankrupt?

If you owe creditors a substantial sum of money and are wondering how they can make you a bankrupt, this article provides an overview of the most common process. ...

<strong>Keep your house in bankruptcy through the doctrine of exoneration</strong>

Keep your house in bankruptcy through the doctrine of exoneration

The doctrine of exoneration is a presumption that affords protection to a spouse where their partner had taken a loan against a property for their sole benefit e.g. a business loan....

Queensland bankruptcy numbers still down

Queensland bankruptcy numbers still down

It was thought there may be an increase in personal insolvencies/bankruptcies in the second half of 2021 but this has not turned out to be the case. What will 2022 bring? ...

Can you transfer your house before bankruptcy?

Can you transfer your house before bankruptcy?

We are often asked by clients who are insolvent if they can transfer their interest in the family home to their husband or wife and then go bankrupt? ...

Bankrupt deceased estates; what happens to jointly-owned property?

Bankrupt deceased estates; what happens to jointly-owned property?

We are often referred clients whose husband or wife has passed away and the deceased estate is insolvent. If the husband and wife have jointly-owned a property (or properties) there are two ways the property can generall...

Is it an offence to gamble and lose money before bankruptcy?

Is it an offence to gamble and lose money before bankruptcy?

It is a little-known fact that it can be an offence to gamble leading up to your bankruptcy. This is because Section 271 of Bankruptcy Act 1966 (the Act) provides that it is an offence for a person to gamble away funds within two years of the commencement of their bankruptc...

Risk of the ATO issuing a Garnishee Notice to your employer: A Case Study

Risk of the ATO issuing a Garnishee Notice to your employer: A Case Study

If our client had contacted us earlier, we could have advised him of how to deal with his tax debt and the risks involved....

Dangers of director penalty notices

Dangers of director penalty notices

If a company does not pay superannuation and it also fails to lodge SGC Statements, the directors are automatically liable for the unpaid superannuation and can be issued Director Penalty Notices. ...

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