Do you have debt you can’t manage? Bankruptcy may be the right option for you but one you need to carefully consider.
What is bankruptcy?
Bankruptcy is a legal solution, as opposed to a financial, for those with unmanageable debt.
An application is made (Debt Mediators can do this for you) to ITSA to be made bankrupt. If accepted a Trustee is appointed to oversee your estate for 3 years.
The trustee’s role is to ensure the maximum return for creditors. If you have assets (see below) they will sold and the money given to your creditors. If you have a high income (see below) some money will be given to your creditors but only for three years.
The majority of people who file for bankruptcy have no assets and no money is given to their creditors.
It sounds too good to be true but there are certain consequences (none of which is imprisonment or seizing your furniture).
Most people who declare bankruptcy do so voluntarily. Although creditors, provided you owe them $5000 or more can also make you bankrupt by lodging a creditors petition through the courts.
Why does bankruptcy exist?
If you’re in a situation where you can’t afford the whole repayment, your debt will continue to grow and at some point your loan repayments will be more than your income. It’s obviously unfair that someone should be in this situation. Bankruptcy allows these people a fresh start
Frequently Asked Questions
What debts are cancelled?
Almost all debts are able to be included; credit cards, unsecured personal loans, personal tax debts, GST debts, repossessed car loans etc.
Centrelink debts are also covered.
Secured Debts – Mortgages, Car Loans are not cancelled. The creditor still has the right to reposes the property IF you stop payments.
Current bills (phone, electricity, gas) are not debts and should not be included. If you do include them you may cause that service to be disconnected.
What unsecured debts are NOT cancelled?
The Bankruptcy Act prevents certain debts from being cancelled. These debts include:
- Child support and maintenance.
- Fines
- Penalties that have been imposed by a Court.
Will someone come around and take my possessions when I go bankrupt?
The short answer is no. All normal house hold items are protected under the bankruptcy act(furniture, appliances, etc). A car up to a value of around $7,050.00(wholesale price) is also protected. Tools of trade are protected up to a value of $3,500.00. However if have expensive items (expensive antiques, large diamonds, rolex) may be taken.
What happens to my car loan?
You can generally still keep the car, as long as you continue to make the repayments. Bankruptcy does not cancel a Car Loan. Creditors can still foreclose on the car. If you stop making payments on the car they WILL repsoses it. You should talk to us to get a better understanding as to where you stand here.
What will bankruptcy do to my Credit History?
Your bankruptcy will be noted on your Credit History and remain there for 7 years. It will also be recorded on the NPII, a permanent government index generally not used for credit assessment.
It is unlikely that you will obtain finance from mainstream creditors during the 7 year period. Many people find this idea daunting given that they have been living on credit for many years. Without any repayments to make you’ll be able to save money to afford bills and day to day expenses.
Will I still be able to rent a house?
Yes you can still rent a house. Rental agencies do not conduct credit history searches (none that we are aware of). They can’t conduct a credit history check without you signing a permission/consent form either.
How much am I able to earn?
There is no income restriction but once you start earning over a certain threshold you will be required to make a contribution to your creditors. Contributions work like our tax system. Income up to a certain threshold is contribution free, above the threshold 50% of that money is taken. These restrictions only apply for three years.
For updated thresholds please refer here.
What happens if I forget to include a debt?
If you forgot about a debt and remember it later, you should contact your trustee as soon as possible so that it may be added to your list of creditors.
Is there any money that my creditors cannot touch?
Personal injury compensation is protected from your creditors and they can’t touch anything you bought with it. All superannuation is protected. If you apply for early realease of superannuation this money is no longer protected.
What will happen to any tax refunds?
If the tax office is one of the creditors, any refund you are entitled to during the period of bankruptcy will be kept. After 3 years, any debt still owing is written off. Tax refunds after bankruptcy discharge may be retained by you. Tax refunds received by you during the period of bankruptcy will also be treated as income for income assessment purposes. You are still responsible for lodging your Income Tax Returns.
Will bankruptcy affect my Centrelink benefits?
No. Centrelink benefits are protected.
Can I operate a business?
If you operate a business you must trade under your own name and as a sole trader. During this period you can not be the director of a company.
Can I travel overseas?
If you travel overseas during bankruptcy it should be for business or family reasons. You have to apply to your bankruptcy trustee and they would be unlikely to let you go for a holiday in Fiji if you just filed for bankruptcy.
Who will be my trustee?
ITSA will more than likely be your trustee.
Can I have my bankruptcy cancelled?
Yes, if you pay out all of your debts, including costs.
