Going Bankrupt in Perth – Will I lose my house if I go bankrupt?


Going Bankrupt Perth is a difficult to understand process, but I know from meeting with thousands facing the likelihood of bankruptcy over the years, that not a thing troubles people more than the notion of losing the family house. Almost everyone is sentimentally connected to their home – it’s where the children have grown, it’s where you take pleasure in life on a day to day basis.

Will you lose your house if you go bankrupt? The answer is a resounding maybe. (not very helpful, I know) People typically feel that it’s an inevitable consequence and a part of Going Bankrupt, and therefore push themselves to the brink of insanity to not lose the family home. But when it comes to the whole process of Going Bankrupt, a key benefit of Debt Agreements and Personal Insolvency Agreements is you can keep your house. The reason is simple: you’ve agreed to pay back the debt you are in.

So how is it possible to keep my Perth house, you ask? It’s easier if I explain the basic principle behind the Going Bankrupt process as administered by the trustee, then you’ll have a more clear image.

The function of the bankruptcy trustee is to firstly comply with the regulation of the bankruptcy act 1966 (it’s a very plain read about 600 pages if you are serious).

Within that regulatory framework, the trustee is to help recuperate monies owed to your creditors, that is accomplished in a bunch of different ways but it mainly comes down to income and assets. The trustees role is to collect payments over and above your income threshold. The other role is to sell off any assets that can contribute to paying back your debts.

What this sounds like is that yes the trustee will sell your house right? Not always. The only reason the trustee will sell off any asset including your house is to get money to pay back your debts. If there is no equity in your home then it’s pointless to sell your home. This is happening increasingly more since the GFC as house prices in many regions have been heading south so what you paid 4 years ago may not actually reflect the price today.

A quick tip here if you have a house in Perth and are looking at Going Bankrupt: get an expert to help you through this process, there are a number of variables in these scenarios that need to be considered.

You might wonder, why would the bank want bankrupt clients? wouldn’t they hope to sell your house and not take the risk? The bank that has nicely lent you the money for your house is making good money every month in interest out of you, month in month out, provided that you keep up to date with your fees then the bank really wants you in there at all costs. Essentially however it’s not the bank’s call if the trustee determines that there is lots of equity in your house the trustee will force you and the bank to sell the house.

When you file for bankruptcy you are asked to jot down the value of your house and the amount of money you owe on the house. A tip if you are trying to work out the value of your house: use a registered valuer as this will provide you peace of mind, don’t use your neighbours’ gut feel tips or a real estate agents advice to come to this figure. When you get a valuer out to your house, make certain you tell the valuer to value the property for a quick sale, make certain you mow the lawn and don’t leave the kitchen in a mess also.

Valuers used to offer two valuations: one for a quick sale and one for a well marketed non time sensitive sale. These days that’s not the case, but if you meet them and let them know you need to sell the house in the next 30 days you may control the result. The idea is that you want a real sell now figure.

There are two reasons this valuation technique is critical to you: one you can have peace of mind ascertaining the market value of your house, and then you can easily create your equity position. Second of all, your house may be worth so much more than you thought. Get some guidance before doing this. The amount of times I’ve seen clients that have sold their family home of 20 years just to figure out I could of helped them keep it; unfortunately this happens all too often

When it comes to Going Bankrupt and houses, another notable consideration is ownership, in many cases houses are acquired in joint names. Simply put a couple may be a house 50/50 using both incomes to make the payments. If one party declares bankruptcy and the other party does not, the equity is only factored on the 50 % of the property.

When it involves Going Bankrupt, this is just one of potentially hundreds of scenarios that are possible when it comes to the family home. Bear in mind the non-bankrupt party can buy the bankrupt’s portion of the house in bankruptcy also. I need to repeat this but get some information on this area of Going Bankrupt because it is very tricky and each and every case is different.

If you need to learn more about what to do, where to turn and what questions to ask about Going Bankrupt, then feel free to speak to Bankruptcy Experts Perth on 1300 795 575, or visit our website: http://www.bankruptcyexpertsPerth.com.au.


Going Bankrupt in Perth – Who exactly do I talk to?

Should I get in touch with my accountant about Going Bankrupt?

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The answer seems clear doesn’t it: if anyone knows your financial situation well in Perth, It’s going to be your accountant. However, the short answer is a definite No! It’s not that your accountant won’t have your best interests in mind when it comes to Going Bankrupt, it’s that his specialization lie in helping you save you money at tax time, minimising your tax liability and lodging your BAS.

Most accounting degrees will put in hardly any to no time on insolvency, it’s generally carried out as a post graduate speciality course for those who wish to work in the field. Unless your accountant is an insolvency expert, he wouldn’t know that a lot about the effects of Going Bankrupt, I can guarantee you insolvency specialists know much about tax returns or BAS in. If you do manage to find an insolvency accounting firm in Perth, they often tend to be large firms with very nice offices who charge accordingly.

Should I consult with my Solicitor about Going Bankrupt?

No! You can speak to your solicitor in Perth but more than likely it won’t do you much good. Solicitors are certainly good at doing things lawyers do, like assisting you do your Will and buying your house and keeping you out of court if you’re lucky. When it relates to Going Bankrupt, the specialists in Perth tend to have either a legal or accounting experience, and the reason for that is simply that you can’t enrol in the post graduate study to become a qualified insolvency practitioner unless you have a law or accounting degree.

Just as there are few insolvency accounting firms, there are very few insolvency legal practices in Australia, and yes if you choose one you will pay a sizeable price for their expertise.

Should I talk to a financial counsellor about Going Bankrupt?

Yes! There are a lot of financial counselling services that can help you with this, they have no hidden agendas and they’re a great option for letting you think through your situation when it comes to Going Bankrupt. If you find yourself stressing out constantly, not sleeping, not eating or over-eating and thinking of money pressures continuously, then get some help.

There are also charities around Perth like Lifeline that offer a terrific service. They will be a sounding board if you just need a person to review with you what your options are. Don’t let your financial trouble destroy your life – in the end it’s just money.

If you like to learn more about what to do, where to turn and what issues to ask about Going Bankrupt, then feel free to call Bankruptcy Experts Perth on 1300 795 575, or visit our website: .bankruptcyexpertsPerth.com.au.

Going Bankrupt in Perth – Will I lose my job if I go bankrupt?

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Literally everyone experiencing Going Bankrupt Perth has this worry about their job, and the answer to the question is ‘maybe’. The dilemma with some occupations isn’t that you simply cannot do the job any longer, it’s more a trouble of professional bodies or associations that view bankruptcy in a dim light and can make things complicated for you.

When it comes to Going Bankrupt and employment in Perth, what I would propose is that you do your very own homework here, do the research and go through that process first before filing for bankruptcy considering that may help you decide. Check if your profession is on the list below. If it is, I ‘d speak to them directly and explain your situation. Some associations won’t have an issue with your bankruptcy so long as it wasn’t accompanied by shady or questionable behaviour.

If you are affected by this part of Going Bankrupt and licences, In most cases you won’t lose your Licence permanently; it just gets suspended for the 3 years of your bankruptcy. If your profession happens to be on the checklist and you’ve spoken with them but they won’t budge, then I ‘d advise you seek some specialist advice. This may be among those rare occasions when I ‘d endorse using a Debt Agreement or a Personal Insolvency Agreement.

Remember in most cases you don’t have to exit the business you are employed in; you just need to work under another’s Licence for a time. In the building sector this is particularly relevant: if you’re an electrician for instance, there is absolutely nothing stopping you working with another electrician in Perth under their Licence.

Please check the table below, it handles the license and company side of Going Bankrupt. Its organised on a state by state premise, and you’ll find that there’s a listing called “Operating a business.” Please don’t stress if you run your own company. Just one of the limitations of bankruptcy is you can’t be a director of a business, but all this actually means is that you need to restructure your business.

Simply for your peace of mind I’ll tell you now that you can still own and run this business as a sole trader. There are no restrictions: you can employ staff and turn over any amount of money. Normally people who run their own business have debts that are business related and it can end up being very complicated, so it’s best to obtain some qualified advice instead of going it alone.

If you want to learn more about what to do, where to turn and what questions to ask about Going Bankrupt, then feel free to talk to Bankruptcy Experts Perth on 1300 795 575, or visit our website: http://www.bankruptcyexpertsPerth.com.au.

Going Bankrupt in Perth – Will I lose my business if I go bankrupt?

Going Bankrupt in Australia - Will I lose my business if I go bankrupt

When people in Perth come to me hoping to discuss Going Bankrupt, they are always full of questions. The internet is full of information, but far too much of it is confusing or contradicts itself, so I make it my mission to try and make things clearer. One of the very most general troubles is ‘Will I lose my business if I declare bankruptcy?’ The quick answer is no. If you are an owner of a company any shape or size you can maintain your business if you wish to. In Perth, businesses that are insolvent have a few options for instance liquidation, voluntary administration and so on. It’s people who go bankrupt not companies.

Going Bankrupt is a complex area so get some reliable advice on this one if you have a business. Generally speaking, the financial debts in a business and personal debts go together when a business owner declares bankruptcy. There are a few crucial implications for directors of companies when it comes to Going Bankrupt in Perth: A bankrupt can not be a director of a company, so if you have a pty ltd company you will need to retire as a director once you’re bankrupt.

A limitation that applies when you are generally bankrupt as a business owner is that you can be in your very own business as a sole trader only. There are things you need to make known as an aspect of that but effectively you can still run your company. For some business owners, bankruptcy affects their ability to run the business because of the licensing issues. For example, if you run a building company, your license will be suspended once you’re bankrupt and consequently you can no longer trade without that license, so make sure you are asking the ideal questions when it comes to licenses and Going Bankrupt in Perth.

However if your business is not impacted directly by such issues, then you’ll need to restructure the way you run your business. There are considerations when and if you go bankrupt as a business owner: you can not acquire heaps of debt in your company, then go bankrupt and afterwards open the doors the next day like not a thing had happened. There are laws in place to avoid what is called phoenix companies appearing out of the ashes of an old business.

Having said that, it’s just a point of talking to the suitable people about Going Bankrupt. Here in this circumstance you may believe you need a liquidator for your company, and you may be right, but keep that in mind every liquidator is different and have their own motives. Liquidators earn money from your liquidation – heaps of money – so just what advice do you think you will get?

When it comes to Going Bankrupt, I believe that giving generic advice in this area is likely damaging as it can have very severe implications for directors and business owners. This is considering that it is one of those cases where what the right advice for one business owner is the wrong advice for the other. There are some basics however, that you may benefit from. There is no limitation to the size of the business you run even though you are bankrupt. You can employ staff. You can continue to deal with your providers under certain conditions, the main one being you will need to meet the payment terms agreed upon.

So when it comes to Going Bankrupt, don’t get too uneasy about what you can and can’t do as a business owner, just get the right advice … If you wish to learn more about what to do, exactly where to turn and what questions to ask about Going Bankrupt, then feel free to contact Bankruptcy Experts Perth on 1300 795 575, or visit our website:.bankruptcyexpertsPerth.com.au.

Going Bankrupt in Perth – does it matter if it is voluntary?

Voluntary Bankruptcy

When it comes to Going Bankrupt Perth, commonly people aren’t aware that there are both voluntary, and involuntary bankruptcy – both have different methods and guidelines.

Involuntary bankruptcy occurs when somebody you owe money to involves the court to declare you bankrupt. Commonly when you get one of these particular notices, you have actually 21 days to pay all the debt. If you do not, then the creditor goes back to the court and requests the court to provide a sequestration order that declares you bankrupt. A trustee is selected, and then you have 14 days to get the paperwork in and after that you are bankrupt.

You can challenge a bankruptcy notice by going to court immediately after the 21 days have expired and put your case forward, to avoid it going to the next level. Apart from the way you became bankrupt there is in reality no difference between Involuntary Bankruptcy and or Voluntary Bankruptcy – once you are simply declared bankrupt, they’re managed to in the exact same way.

However, when it concerns Going Bankrupt for this, the stress, torment and fear that accompanies this method is incredible. If you think you are in all likelihood to be made bankrupt by someone, get some help and act on that advice. Generally I’ve found it’s always more ideal to know what you can and can’t do before you have someone else bankrupt you. Once you are bankrupt, it’s normally too late.

Voluntary Bankruptcy

Nevertheless, when it comes to Going Bankrupt, sometimes there are times that it is the best option. So you may want to ask yourself, ‘when should I consider voluntary Bankruptcy?’.

This question is not the same for each person of course, but normally I find that one way you could work it out is to figure out how long it will take you to pay each one of your debts – if its longer than 3 years (the period you are declared bankrupt), then this may serve to help you make that decision, and help you to understand Going Bankrupt.

Once, I had an 80 year old pensioner, who spoke 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 her account, and it was 35 years! Imagine 35 years for one credit card bill.

Credit rating damage can help you think this through. If you move house and fail to remember 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 sit on your file for 5 years, so for $30 you can have your credit file seriously damaged for that period of time – and all of this will affect how you have to approach Going Bankrupt.

In many ways, the ease with which companies/credit providers can default your credit file is improper. The punishment doesn’t seem to match the crime in my book. So if you already have defaults on your credit report for 5 years, keep in mind 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 factor in trying to decide whether to participate 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 difference is that with a DA or PIA you repay the money and still have it on your file for 7 years.


I have stated the word a few times now, but when it comes down to it, Bankruptcy is the biggest part, and the element most people are afraid of when they come to me to go over their financial situation and Going Bankrupt. The other side of crime and punishment equation is bankruptcy, and in this country the arrangements are very generous: you can go bankrupt owing millions of dollars and after 3 years it’s all finished with no strings attached. As compared to countries like the United States, our bankruptcy laws are really generous.

I don’t claim to know why that is but a couple of hundred years ago debtors went to prison. These days I suppose the government feels 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 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 much more that can be said about this and Going Bankrupt in general but the purpose of this blog was to help you decide between a few possible options. When getting some advice, keep in mind that there are always possibilities when it concerns Going Bankrupt in Perth, so do some investigation, and Good luck!

If you wish to find out more about exactly what to do, where to turn and what questions to ask about Going Bankrupt, then don’t hesitate to contact Bankruptcy Experts Perth on 1300 795 575, or visit our website: bankruptcyexpertsPerth.com.au.

Bankruptcy Advice in Perth – Will my income be affected if I go bankrupt?

Bankruptcy Advice Perth is a challenging process, and you should make sure you get the right guidance. And when it comes to your income being affected, the answer to the question is maybe. The very first thing you have to know about going bankrupt is there is no limit on how much you can earn. However, I will point out that your income is a significant consideration when working through when it comes to Bankruptcy Advice.

The first thing you need to know about this area of Bankruptcy Advice is the amount you can earn before you start paying back money to your creditors via your trustee (see table below).

Net income is the pre-tax/ in the hand amount of money you earn each year. A dependant is someone who lives with you and earns less than $3,124 per year (regardless of their age).

You can apply for a hardship variation that increases the threshold amount, if you have financial strains in Perth like medical, child care, sizable travel to and from your job, or a situation where your partner used to work but is not able to support the family income.

Some of the insightful parts of Bankruptcy Advice is that your employer will not be alerted when you file for bankruptcy. Also, Child support is always taken into consideration in bankruptcy, if you receive child support that is not factored in as income. If you pay child support this will be also thought about, for example if you pay $5,000 child support each year and you have no dependents living with you then your altered net income limit will be $55,332.10.

There are much more issues involving income and what is or isn’t regarded as income – if you’re not exactly sure, it’s ideal to get specialist advice. The reason you should consider your income as a part of the Big 5 questions here is that bankruptcy is in some situations not an economically sensible option.

If one of your creditors is the ATO (for unpaid taxes), then your tax refund will likely be taken by the ATO whilst you are bankrupt to add toward your tax bill. If you don’t have a tax bill then you will keep your tax refund so long as that doesn’t take you over your threshold income restrictions.

If you think when it comes to Bankruptcy Advice, your situation is more complicated, then feel free to get qualified advice in Perth. I may sound like a broken record, but remember that it’s always a smart idea to overcome these options prior to declaring bankruptcy, because once you have filed the paperwork it’s too late to change your mind.

If you would like to find out more about what to do, where to turn and what questions to ask about Bankruptcy Advice, then don’t hesitate to contact Bankruptcy Experts Perth on 1300 795 575, or visit our website: bankruptcyexpertsPerth.com.au

Filing for Bankruptcy in Perth – Are you going to get bitten?


When people in Perth ask me about Filing for Bankruptcy, I let them know the classic Native American Fable of the little boy and the Rattlesnake. An old rattlesnake asks a passing young boy to carry him to the mountain top to discover one last sunset before he passes away. The boy was hesitant, but the rattlesnake vowed not to bite him in exchange for the ride. They went together only for the snake to in the end attacks the boy despite his promise not to do so. The snake’s response was ‘You knew what I was when you picked me up.’.

Getting the right financial advice in Perth when it concerns Filing for Bankruptcy is a great deal like that little boy’s encounter, laden with risk and danger, and typically skewed for the benefit of the person presenting the advice. In many cases you’ll get bitten except if you know what you’ve picked up long before you move forward (avoid the rattlesnakes). I learned the problem with obtaining financial advice as a teenager, and it has been necessary to Filing for Bankruptcy. I’d been working hard for a few years, and saved up a little bit of money I wanted to invest. It was the early 1980s so interest rates were quite high and investing your money was quite profitable. I spent some time researching different investment options, and I went to visit a few financial advisors. It was clear that they had more money than I did: they had nice suits and plush offices; they all seemed to exude confidence and have all the solutions. What struck me was that they all had a really different strategy of what I should do. This frustrated me so much that it put me off the entire idea of selecting any of them.

I’m sure currently you have read enough on the internet to be totally bewildered about Filing for Bankruptcy and what to do. It would undoubtedly be easier for me to help you comprehend the nature of the financial snakes you might be grabbing while you are attempting to get to the bottom of your financial concerns in Perth. In essence, you need to try and recognize what your overarching alternatives are, do your very own research into where to proceed with your strategy for Filing for Bankruptcy, and then approach what you feel is best in Perth for your requirements. Essentially, you have 3 options for who to turn to.

The first option is a Solicitor – This may look like the go-to approach when you seem to be in trouble. But there is only so much aid they can give on this matter. There are absolutely specialist legal advisors in bankruptcy, but their knowledge comes with a hefty price.

Another possibility you may think about is your accountant – they are incredibly helpful and vital to the process of managing your business, but for the most part, when you are thinking of Filing for Bankruptcy, your accountant won’t be much help to you anymore.

Your best option? A Financial Counsellor that can outline debt consolidation, personal insolvency agreements, and basically all you need to figure out when it comes to Filing for Bankruptcy.

If you would like to find out more about what to do, where to turn and what questions to ask about Filing for Bankruptcy, then feel free to call Bankruptcy Experts Perth on 1300 795 575, or visit our website: http://www.bankruptcyexpertsPerth.com.au.