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How does my trustee know what assets I have?

I have been declared bankrupt and my trustee has informed me that they will be initiating the process of selling my assets. Do I have to disclose my assets? What happens if I do not disclose some of my assets?
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

  • Your trustee collects information regarding your assets from a number of different sources including:
    • your filed statement of affairs;
    • you;
    • your creditors;
    • public registers and databases such as the Personal Property Securities Register (PPSR);
    • the various state or territory land title databases; and
    • third parties.
  • You may be penalised if you fail to disclose assets regardless of whether they were acquired before or during your bankruptcy.
  • If you acquire assets during your bankruptcy you must advise your trustee in writing within 14 days or as soon as practicable.

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