How to Succeed

Geographical Interpretations

Australia

Continued

There are normally two principal sources from which funds can be realised, viz. the assets and wages of the bankrupt. However, the bankrupt is granted the facility whereby certain assets are set aside and their value cannot be realised. These are referred to as "protected assets", and include such items as furniture and appliances used in the home, as well as tools associated with the bankrupt's trade together with vehicles up to a certain value. Apart from these items, all other assets with a material valuation will be sold. On the other hand, should a house or car be deemed to have a value above a certain level, then the bankrupt has the right to purchase the interest receivable from the estate and so be able to retain the asset. However, should the bankrupt not take advantage of this right, then the interest income will reside with the estate. In this case, the trustee will now be in a position to assume possession of the asset and duly sell it in order to realise its value.

Should the bankrupt's income exceed a certain level, then it will be necessary to make appropriate contributions to the Trustee. This income threshold is indexed and as such, the level is revised biannually in March and September. Whether or not the bankrupt has any dependents will have a bearing on the final valuation. The method for determining the extent of the income contribution is based on 50% of the difference between the bankrupt's income and the value of the threshold above which contributions are payable. Should the bankrupt fail to maintain his contribution liability, then the Trustee is empowered to issue a notice by which such contributions may be deducted directly from the bankrupt's wages. However, should this course of action fail to materialise, the Trustee may register an Objection to Discharge by which the term of the bankruptcy is extended by a further five years.

The normal term of a bankruptcy is three years. However, a bankruptcy can be set aside prior to this period should all the debts be paid off in full. Should a bankrupt be able, during the normal term, to raise additional funds from some external source, then it would be possible for the bankrupt to make an Offer of Composition to all of the creditors. The advantage of such a proposal is that all of the creditors would receive a defined percentage of the outstanding debt owing to each. On this basis, should all the creditors accept the terms of this offer, then the bankruptcy can be annulled once the agreed funds have been received by all the creditors.

Once the bankruptcy has been annulled by one of the methods previously stated, or the bankrupt has been automatically discharged, then the status of the bankrupt's credit report will display the classification "discharged bankrupt". As in the case of credit violations, this classification will remain on the bankrupt's credit report for a specified number of years. The actual term will be solely dependent on the company issuing the report. However, once this term has elapsed, this particular classification will revert back to the standard form of reporting.

By viewing the ITSA website, a certain amount of information may be found relating to Bankruptcy Law in Australia.

Bankruptcy - How To Succeed

Peter Radford writes Articles with Websites on a wide range of subjects. Bankruptcy Articles cover History, Role in Europe/US, Types, Prevention.