Australian Bankruptcy Code: How it Works and What You Need to Do

The Australian Bankruptcy Code is a legal framework that outlines the process for personal and corporate bankruptcy in Australia. At the Bankruptcy Advisory Centre, our expert team of AFSA and ASIC registered advisers with over 30 years of experience can guide you through the complexities of bankruptcy and allow individuals to manage their debt and get a fresh start financially.

We can help you understand how the Australian bankruptcy code works, the bankruptcy process, the role of bankruptcy trustees, bankruptcy exemptions, voluntary bankruptcy, bankruptcy discharge, and how insolvency is related to bankruptcy in Australia.

The Australian Bankruptcy Code and Process

The Australian Bankruptcy Code is a set of laws that governs the personal and corporate bankruptcy process. The code outlines the process for filing bankruptcy, the role of bankruptcy trustees, and the rights and obligations of debtors and creditors.

The bankruptcy process begins with filing a petition for bankruptcy by a debtor. This can be voluntary or involuntary. Once the petition is filed, a bankruptcy trustee is appointed to manage the debtor’s affairs, including selling assets to pay off creditors.

At the Bankruptcy Advisory Centre, we can manage this whole process for you, both for personal and corporate bankruptcy, ensuring that the paperwork that needs to be submitted to AFSA is correct. We can then act as your bankruptcy trustee, working with you to provide all parties with the best and fair outcome.

Personal and Corporate Bankruptcy

Personal bankruptcy is a legal process by which individuals can declare themselves bankrupt. This process is governed by the Australian Bankruptcy Act 1966 and is designed to relieve individuals who cannot pay their debts.

Corporate bankruptcy is a similar legal process by which a company’s directors can declare bankruptcy.

Bankruptcy Law

Bankruptcy law in Australia is complex and governed by various legislation, including the Bankruptcy Act 1966 and related legislation. These laws outline the process for bankruptcy, the rights and obligations of debtors and creditors, and the role of bankruptcy trustees.

The Role of a Bankruptcy Trustee

A bankruptcy trustee in Australia is to manage the affairs of a debtor who has filed for bankruptcy. This includes selling assets to pay off creditors, managing legal disputes, and administering bankruptcy.

Bankruptcy Exemptions

Bankruptcy exemptions refer to assets protected from being sold by a bankruptcy trustee to pay off creditors. These exemptions vary depending on the type of bankruptcy and the individual’s circumstances. They include things like personal items, tools of the trade and cars of a specific value.

Bankruptcy and Insolvency

Bankruptcy and insolvency in Australia are closely related. Insolvency refers to the inability to pay debts when they are due, while bankruptcy is a legal process for dealing with insolvency. Individuals and companies may choose to file for bankruptcy as a way of dealing with insolvency.

Bankruptcy Discharge

A bankruptcy discharge usually occurs after three years but is subject to certain conditions. The discharge is available to individuals in voluntary or involuntary bankruptcy who have completed the bankruptcy process and met the requirements of paying off their debt to creditors.

Need more information about Personal Insolvency?

“The Bankruptcy Code is a complex legal framework that governs Australia’s personal and corporate bankruptcy process. Debtors and creditors can make informed decisions about their financial future by understanding the bankruptcy process.

Bankruptcy Advisory Centre offers information and advice to help individuals make informed decisions and options for dealing with personal debt by providing unique solutions tailored to your situation.”

Claiming bankruptcy may be your best option if you are drowning in debt and constantly stressed over your financial future. If you need personal insolvency advice in Sydney, Melbourne, Brisbane, Perth or anywhere around Australia, we can help you make informed choices and choose your path to financial freedom.