Rye Debt & Bankruptcy Lawyers

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Top Rye Debt & Bankruptcy Questions

How long does bankruptcy last in Australia?

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Bankruptcy usually lasts for three years and one day from the date it is declared.;In some cases, the bankruptcy period can be extended up to eight years if the trustee determines misconduct.

Can bankruptcy be avoided through debt agreements?

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Debt agreements can be an alternative to bankruptcy, allowing you to pay back a portion of your debts over time.;Entering into a debt agreement requires the approval of your creditors and can avoid the need for bankruptcy.

Bankruptcy applies to individuals, while liquidation is the process of winding up a company's affairs.;Both processes involve selling assets to pay creditors, but the legal implications and procedures differ.

Can I travel overseas if I am bankrupt?

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You can travel overseas while bankrupt, but you must obtain written permission from your trustee.;Failing to get permission can result in penalties, including extending your bankruptcy period.

Each type has different eligibility criteria and legal implications for the debtor.

How does bankruptcy affect credit rating?

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Bankruptcy significantly impacts your credit rating, making it difficult to obtain credit in the future.;The record of bankruptcy remains on your credit report for up to five years or longer in some cases.

What is the role of a bankruptcy trustee?

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A bankruptcy trustee is responsible for managing your bankruptcy, including selling assets and distributing proceeds to creditors.;The trustee also investigates your financial affairs and ensures compliance with bankruptcy laws.

What are the consequences of bankruptcy?

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Consequences of bankruptcy include loss of assets, impact on credit rating, and restrictions on obtaining credit.;You may also face limitations on running a business and certain travel restrictions.

How can I declare bankruptcy in Australia?

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To declare bankruptcy, you must complete and submit a Bankruptcy Form to the Australian Financial Security Authority (AFSA).;It is advisable to seek legal or financial advice before proceeding with a bankruptcy declaration.

What assets are protected in bankruptcy?

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Protected assets typically include household goods, tools of trade, and a limited amount of equity in your home.;Certain personal items and a vehicle with limited value may also be protected from seizure.

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