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Bankruptcy

8. Bankruptcy Implications

Authors: Kelly Angus
Firm / Chambers:
Last updated: 22 Jun 2015
    8. Bankruptcy Implications
  • Sometimes there is no better alternative to bankruptcy. There are two ways you can become bankrupt:
    • voluntarily by lodging a debtor’s petition; or
    • involuntary by lodging a creditor’s petition.
  • If you are not in a position to pay your debts or negotiate suitable arrangements with your creditors you may elect to lodge a debtor’s petition (an application to become bankrupt) and initiate voluntary bankruptcy.
  • A creditor to whom you owe $5,000 or more may apply to the court for a bankruptcy order against you if you are unable to pay your debt or negotiate an arrangement with your creditor. This will typically be the Federal Circuit Court.
  • The consequences of bankruptcy are serious. You should seek independent legal advice before lodging a debtor’s petition. Our free Find a Lawyer directory may help put you in touch with the assistance you need.
  • Regardless of whether you are bankrupted voluntarily (by debtor’s petition) or involuntarily (by creditor’s petition) the outcome and consequences are the same. Bankruptcy can have profound implications for your:
    • assets;
    • employment and income;
    • debts;
    • ability to travel overseas; and
    • ability to obtain credit.
  • It may be difficult for you to borrow money or purchase goods or services on credit including:
    • rental accommodation;
    • electricity;
    • water; and
    • telephone.
  • Some banks may not allow you to open an account or may otherwise limit how you can use your account.
  • If you apply for credit above a certain amount you are obliged to inform the credit provider that you are bankrupt.

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