When it concerns Bankruptcy, there are 2 types of individuals– people who have decided to declare bankruptcy and those individuals declared bankrupt by others (Their creditors).


When it comes to Bankruptcy in Townsville, typically people aren’t aware that there is both voluntary, and involuntary bankruptcy– and this is important because in some cases people don’t become aware that others can declare them insolvent– and also if this occurs you have particular rights and’ responsibilities attached.

Involuntary bankruptcy:

Involuntary bankruptcy takes place when an individual you owe money to calls for the court to declare you insolvent. This will result in you being given with a notice that, typically when you get one of these kinds of notices, you have 21 days to pay all the debt. If you do not, then the lender returns to the court and asks the court to supply a sequestration order that proclaims you insolvent. During this time you are going to have a short window where you can argue and put your case forward as to the reason that it ought to not advance to the next level and why you should not be declared insolvent. But once the determination has been made, you will be insolvent and experiencing the same procedures as people who took that path willingly.

Having said that, when it concerns Bankruptcy you can imagine that the involuntary procedure is full of far more tension, worry and concern as other people are taking control of your life. My biggest idea with Bankruptcy and involuntary bankruptcy is that if you think that it may happen, get expert guidance on bankruptcy as quickly as feasible, even if you are just worried about debt and fear that it could continue to escalate. I am sure that you can picture that it is much better to understand what you can and can’t do before being forced into that circumstance. Once you are bankrupt, it’s normally far too late to take action.

What next?

Well if you have been declared insolvent, you will not really have numerous choices but to move through the process and you will definitely want to get professional suggestions to make sure you are declaring properly, not breaking any guidelines, and will have the bankruptcy discharged as quickly as possible.

The good news is that in Australia the arrangements for bankruptcy are effectively really generous: you can easily go bankrupt owing millions of dollars and after 3 years it’s all finished with no strings attached. Compared to nations like the United States, our bankruptcy laws are quite good.

I don’t claim to understand why that is, but a couple of hundred years ago debtors went to jail. These days I suppose the government believes that the sooner it can get you back on your feet working and paying off income taxes, the better. It makes more sense than locking you up which costs the taxpayer anyway.

Bankruptcy will wipe away the vast majority of your different debts, (including tax debts to the ATO) but always remember the few exemptions- the primary ones being Centrelink Debts, Court Fines like parking and speeding fines, HECS or Fee Help loans, and money to pay for a car accident if the car was not insured.

There is far more that can be explained about this and Bankruptcy in general so when obtaining some recommendations, remember that there are often choices when it includes Bankruptcy in Townsville, so do some research, and good luck!

If you want to learn more about precisely what to do, where to turn and what inquiries to ask about Bankruptcy, then don’t hold off to get in contact with Bankruptcy Experts Townsville on 1300 795 575, or visit our website: www.bankruptcyexpertstownsville.com.au.