When it comes to
Bankruptcy Sunshine Coast, normally
people aren't aware that there may be both voluntary, and involuntary
bankruptcy - each have unique approaches and guidelines.
Involuntary
bankruptcy occurs when someone you owe money to involves the court to declare
you bankrupt. Generally when you get one of these notices, you have actually 21
days to pay all the debt. If you do not, then the creditor returns to the court
and requests the court to issue a sequestration order that declares you
bankrupt. A trustee is selected, and then you have 14 days to get the paperwork
in and afterwards you are bankrupt.
You can
challenge a bankruptcy notice by going to court right after the 21 days have
expired and put your case forward, to stop it going to the next level. Apart
from the way you became bankrupt there is in fact no distinction between
Involuntary Bankruptcy and or Voluntary Bankruptcy - once you are declared
bankrupt, they're managed to in the very same way.
However, when it
concerns Bankruptcy for this, the stress, torment and fear that accompanies
this method is incredible. If you think you are prone to be made bankrupt by
someone, get some assistance and act on that advice. Generally I've found it's
always better to know what you can and can't do before you have an individual
bankrupt you. Once you are bankrupt, it's normally far too late.
Voluntary Bankruptcy
Nevertheless,
when it comes to Bankruptcy, sometimes there are moments that it is the best
option. So you may want to ask yourself, 'when should I consider voluntary
Bankruptcy?'.
This question is
not the very same for each person of course, but basically I find that one way
you could work it out is to figure out just how long it will take you to pay
every one of your debts - if its longer than 3 years (the period you are
declared bankrupt), then this may help you make that decision, and help you to
understand Bankruptcy.
Once, I had an
80 year old pensioner, who came to me once regarding * Bankrupcty tell me that
her credit card statement calculated how long her debt would take to pay at the
level she was paying off her account, and it was 35 years! Imagine 35 years for
one credit card bill.
Credit rating
damage can really help you think this through. If you move house and overlook
to pay your $30 phone bill for 6 months more, it's very likely the phone
service will default your credit file. That default will remain on your file
for 5 years, so for $30 you can have your credit file very seriously damaged
for that period of time - and all of this will affect how you have to approach Bankruptcy.
In many ways,
the ease with which companies/credit providers can default your credit file is
unfair. The punishment doesn't seem to equal the crime in my book. So if you
actually have defaults on your credit report for 5 years, remember that
bankruptcy is on your credit file for a total 7 years then its rubbed out
completely.
So if your
credit rating is a big element in trying to decide whether to take part in a
Debt Agreement or Personal Insolvency Agreement or Bankruptcy remember they
will all sit on your credit file for a total of 7 years. The biggest contrast
is that with a DA or PIA you repay the money and nevertheless have it on your
file for 7 years.
Bankruptcy
I have mentioned
the word a few times now, but when it comes down to it, Bankruptcy is the
biggest part, and the element more people are afraid of when they come to me to
go over their financial situation and Bankruptcy. The other side of crime and
punishment equation is bankruptcy, and in this specific country the provisions
are very generous: you can go bankrupt owing millions of dollars and after 3
years it's all over with no strings attached. Compared with countries like the
United States, our bankruptcy laws are really good.
I don't claim to
know why that is but a few hundred years ago debtors went to prison. These days
I suppose the government believes the sooner it can get you back on your feet
working and paying tax, the better. It makes more sense than locking you up
which costs the taxpayer anyway.
Bankruptcy wipes
all of your debts including ATO debts with the exception of a few things:
·
Centrelink Debts, Court Fines
like parking and speeding fines.
·
HECS or Fee Help loans.
·
Money to take care of a car
accident if the car was not actually insured.
There is a lot
more that can be said about doing this and Bankruptcy in general but the
objective of this blog was to help you decide between a few readily available
options. When getting some advice, don't forget that there are always
possibilities when it comes to Bankruptcy in Sunshine Coast, so do some
research, and Good luck!
If you would
like to find out more about precisely what to do, where to turn and what questions
to ask about Bankruptcy, then feel free to check with Fresh Start Solutions
Sunshine Coast on 1300 818 575, or visit our website:freshstartsolutions.com.au/bankruptcy-Sunshine
Coast
