Bankruptcy Help
Friday, March 11th, 2011BANKRUPTCY – FAQ
Q 1. What is bankruptcy?
Q 2. How is a person made bankrupt?
Q 3. Are there any limitations in going bankrupt?
Q 4. How do I go bankrupt?
Q 5. What does it cost?
Q 6. How long will I remain bankrupt?
Q 7. What is the effect of going bankrupt?
Q 8. Will bankruptcy affect my employment?
Q 9. Can the Trustee take any of my income?
Q10. Does bankruptcy affect my credit rating?
Q11. Can I get credit whilst Bankrupt?
Q12. What happens to assets?
Q13. Can my bankruptcy be cancelled?
Q14 Can I travel overseas?
Q15. Where can I go to get more information?
Q1. What is bankruptcy?
Bankruptcy is a process that provides protection to people who are unable to repay their debts and they cannot reach an informal or formal agreement with creditors.
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Q2.How is a person made bankrupt?
There are two ways a person can be made bankrupt.
Voluntarily by completing and lodging the relevant documents.
By order of the Court, at the instigation of a creditor, who is owed more than $2,000.
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Q3. Are there any limitations in going bankrupt?
As a general rule no, there are no income, debt or property limits but a person must be residing in Australia, or have a dwelling or business in Australia.
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Q4.How do I go bankrupt?
You must complete and lodge the following forms directly with ITSA or through a Registered Trustee, such as G T Lean & Associates
Debtor’s Petition
Statement of Affairs
Acknowledgement that the “Prescribed Information” has been received and read.
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Q5.What does it cost?
There is no filing fee to go bankrupt.
A Registered Trustee is entitled to a minimum remuneration (See Current Amount ). Fees can be taken out of the proceeds of the sale of property or funds received from a bankrupt and generally need creditor’s approval.
G T Lean & Associates does not charge an up front fee or a fee for providing assistance to prepare the bankruptcy documents.