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Am I eligible to lodge a Declaration of Intention (DOI)?

My friend told me that everyone is given an opportunity to lodge a DOI before they can be declared bankrupt. Is this true?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-10-2015
1 Lawyer Answered
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  1. Bankruptcy
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kelly Angus, Adelaide 5000 SA

  • No. Not everyone is given an opportunity to lodge a DOI. You are eligible to lodge a DOI if:
    • you have not applied for a DOI in the last 12 months;
    • you have not signed a controlling trustee authority in the last six months;
    • you are not presently under a debt agreement, personal insolvency agreement or the subject of a current controlling trustee authority;
    • a creditor has not already petitioned for you to be made bankrupt; and
    • you have a residential or business connection to Australia meaning that you are living in Australia or conduct business in Australia.

 

 

 

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