Managing a business is a headache. But once business has dipped down and there is no money at all, the desperation will be doubled. With all the debts lining up, the unpaid bills, the utilities, and many others that will undoubtedly give a throbbing headache. Until you come up to pull your last resort, to declare bankruptcy.
Bankruptcy is a legal process that will free you from debts. It can be voluntarily if you are not capable of paying the debts anymore. Or, it could be done by creditors, by sending notice of bankruptcy from the Office of the Receiver. In Australia, the Australian Financial Security or AFSA is the department in-charge and will be the one to manage and will choose a trustee to handle your financial affairs. However, nothing is free on Earth; a private trustee will handle everything about financial matters, but with corresponding charges.
Nonetheless, before filing a bankruptcy, you must be aware if you are qualified to do so. Keep in mind that you will be eligible to file bankruptcy if you can prove of not being capable of paying all your debts, and if you are currently residing in Australia or have been operating a business in Australia.
In applying for bankruptcy, it is absolutely free of charge. There is no maximum and minimum debt allowable. In the Bankruptcy Act of 1996, you will be totally free of debts after 3 years and 1 day.
Moving on, when all is decided, it is time to file bankruptcy to AFSA. Guidelines and forms are available for download in AFSA website. Hence, to make it easier for you, here are the guidelines to follow in filing bankruptcy. As follows:
Fill up bankruptcy application forms.
There are two forms to be filled up prior to application. First is the Debtor’s Petition or the Application to Become Bankrupt. The second form is the Statement of Affairs. All necessary information should be filled-in legibly on the forms from AFSA. Both documents need to be signed and dated at the last pages of each form.
Please take note that incomplete forms may result in rejection of your application.
Send the documents with 28 days after signing it.
After filling up the forms legibly, and completing all the necessary additional documents may now be sent. Sending the documents for processing can be done through email or through the post as long as it should be done within 28 days from the date of signing of the documents.
Now, after sending the application, then the government department in-charge will move its way to release you from debt. Upon receiving the application, the AFSA will send notice of confirmation with the administrator’s insolvency number to both the debtor and the creditor. There are cases where applications are rejected, but the department in charge will give notices together with the reasons for the rejection.
There are many possible reasons that your application for bankruptcy could be denied. Hence, we will be giving you the most important reasons that should be carefully analysed before filing. Here they are as follows:
- If it is found that debtors could likely pay in a reasonable time
- Either debtor is unwilling to pay despite his capabilities to pay, or the debtor has been previously bankrupt for three (3) in the last five years.
Bankruptcy is definitely not a simple term. It has a lot of consequences. Therefore, it is advised to seek help or at least consult an expert before declaring bankruptcy Brisbane.