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Showing posts from October, 2018

Going Bankrupt in Melbourne - does it matter if it is voluntary?

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When it comes to Going Bankrupt Melbourne , usually people aren't aware that there are both voluntary, and involuntary bankruptcy- both of these have unique methods and guidelines. Involuntary bankruptcy arises when a person you owe money to involves the court to declare you bankrupt. Commonly when you get one of these notices, you have normally 21 days to pay all the debt. If you do not, then the creditor goes back to the court and asks the court to provide a sequestration order that declares you bankrupt. A trustee is selected, and then you have 14 days to get the documentation in and after that you are bankrupt. You can object to a ba nkruptcy notice by going to court shortly 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 reality no distinction between Involuntary Bankruptcy and or Voluntary Bankruptcy - once you are declared bankrupt, they're managed to in the s

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

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When people in Melbourne come to me looking to discuss Going Bankrupt , they are typically packed with questions. The internet has lots of information, but far too much of it is baffling or contradicts itself, so I make it my mission to try and make it clearer. One of the most basic troubles is 'Will I lose my business if I declare bankruptcy?' The brief answer is no. If you are a manager of a business any shape or size you can keep your business if you wish to. In Melbourne, businesses that end up being insolvent have a few options for instance, liquidation, voluntary administration and so on. It's individuals who go bankrupt not businesses. Going Bankrupt is a complex area so get some professional advice on this one if you have a business. Generally speaking, the debts in a business and personal debts go hand in hand when a business owner goes bankrupt. There are several crucial implications for directors of companies when it comes to Going Bankrupt in Melbour

Going Bankrupt in Melbourne - Changes that can help Small Business and Entrepreneurs

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Do you have knowledge of just how much Going Bankrupt in Melbourne is changing? The Australian Government at the end of 2015 came up with some radical changes to the Bankruptcy Laws in Australia. One of the most significant of these is the length of time that a person is bankrupt for. Right now, there is a minimum amount of time that you must stay bankrupt, having said that, this 3 year period may very well be reduced to just 12 months. So if you are inquiring about Bankruptcy , this news may be rather important to you. Mark Carnegie in the Financial Review on the 7th December 2015 recommended that "the proposed changes to ease the burden of bankruptcy laws didn't go far enough and the government should adopt US-style laws to protect the family home". These improvements to the issue of Going Bankrupt will take 18 months to implement. Mr Carnegie, went on to say in the Financial Review that giving protection to family as sets was necessary because "ban

Going Bankrupt in Melbourne - Choices, Choice, Choices

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When it comes down to  Going Bankrupt  in Melbourne, there are a great deal of choices that we get given depending upon who we are, who we talk to, and what exactly has happened. The most common confusion I see with Going Bankrupt is when it comes to selecting between Debt Consolidation, Personal Insolvency Agreements, and Bankruptcy itself. Should I consolidate my debts? When it comes to Going Bankrupt in Melbourne, much of the information you receive on this subject will reflect the interests of the advice giver. Therefore, if you call a debt consolidation provider, I can guarantee you they will tell you to consolidate your debts. The debt consolidation operation is a multi-billion dollar industry making money in one very straightforward way: charging you a fee for assisting you wrap every one of your credit card and personal loans into just one neat and tidy package. I hate to tell you this but these people aren't doing it for free. Please do not misunderstand

Going Bankrupt in Melbourne - Are you going to get bitten?

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When people in Melbourne ask me about Going Bankrupt , I let them know the time-honoured 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 dies. The boy was hesitant, but the rattlesnake promised not to bite him in exchange for the ride. They journeyed together only for the snake to in the end bites the boy despite his promise not to do so. The snake's response was 'You knew what I was when you picked me up.' Receiving the right financial advice in Melbourne when it comes to Going Bankrupt is a lot like that little boy's experience, tangled up with risk and danger, and usually 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 before you move forward (avoid the rattlesnakes). I learned the problem with obtaining financial advice as a teenager, an

Losing your house: How much do you understand about Bankruptcy in -Melbourne?

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The most important question people have when they come to our team regarding Bankruptcy is without a doubt 'Can I manage to keep my house?' and sometimes the answer is yes, you can manage to keep your house. The only reason you can be driven to sell your family home when you declare bankruptcy is due to the fact that you have so much equity in the home that it is believed an asset. Please read these basic hypothetical case studies below to get your head around Bankruptcy and how it has an effect on houses in Melbourne . Remember If you want to know more about Bankruptcy and houses feel free to call us here at Bankruptcy Melbourne on 1300 795 575, or visit our website: www.BankruptcyExperts.com.au Case Study 1. (Mike & Sue Smith). 5 years ago Mike and Sue purchased a house in a mining town for $450,000. At this time the mining boom was keeping all the property prices nice and high. Now they are needing to look at Bankruptcy because they have substantial d

Bankruptcy, Will I lose my Superannuation?

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Bankruptcy in Melbourne can be involved and confusing. A question we often get asked here over at Bankruptcy Melbourne is 'what happens to my super if I apply for Bankruptcy'? The reply for most is easy, if your super is normally in a regulated fund or industry fund like Sunsuper or Host Plus then virtually nothing happens; your super is 100 % safe when it comes down to Bankruptcy. What if I have a Self Managed Super Fund? This is a growing concern, take into account the increasing number of members of Self-Managed Super Funds ("SMSFs") lately; the ATO tells us it has increased Melbourne-wide from 758,589 in 2009 to 1,011,689 in 2014. So what happens to these Superfunds when it concerns Bankruptcy? Remember Bankruptcy Melbourne is not indicating this article is the complete story, if you have any questions feel free to contact us on 1300 795 575. No matter if you call us or another person it does not matter, just please don't walk into bankrup

Bankruptcy Problems! - What exactly can extend your Bankruptcy Term?

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When it comes down to Bankruptcy, there is lots of complication because it is definitely an area that you really do need to get some firm advice in because alternatively you may find yourself in an even worse situation. That I why here at Bankruptcy Melbourne we certainly want to make certain people realize that there are certain things that can effectively make your Bankruptcy term be stretched from 3 years to 5 (or even 8) years! Yes, this means that you will remain even longer in the 'Bankruptcy limbo' so heed our advice and avoid setting off any of the following areas-- because if you do, then the whole area of Bankruptcy becomes much more challenging and the Trustee can actually intervene and get your term extended rather than letting it automatically discharge. So just how can the term be extended to 5 years? Certainly there are a variety of ways in Melbourne, and these are considered the 'minor breaches' because they only extend the term to th

Bankruptcy Melbourne, What is the Deal with Debts?

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So what Debts are eliminated if I go Bankrupt? The basic answer is that when it concerns Bankruptcy most debts are wiped, and I have added a summary below for you to look at. But, put simply some of the exceptions are Centrelink Debts, Child Support, Court fines (like speeding fines) and even any debts arising from uninsured Motor-vehicle claims and educational debts for instance, HECS or FEE-HELP. These debts are not wiped out when you file for bankruptcy. What about Secured Debts? A secured debt is a car loan or a home loan; it is a debt that has some definite security affixed to it. So for example if you buy a new car for $40,000 dollars the security for this car is the actual car itself. So, can my secured debts be removed if I file for bankruptcy? Yes. If you have a car loan for $40,000 you can have that debt eliminated if you simply return the car. So the lesson is that you cannot have your cake and eat it too (so to speak), so yes all of your secu

Bankruptcy in Melbourne - Will I lose my home if I go bankrupt?

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Bankruptcy in  Melbourne  is a tricky process, but I know from meeting with thousands facing the possibility of bankruptcy over the years, that not much worries people more than the idea of losing the family home. Almost everyone is sentimentally connected to their home - it's where the children have grown up, it's where you take pleasure in life on a day to day base. Will you lose your house if you go bankrupt? The response is a resounding maybe. (not very helpful, I know) People typically presume it's an inevitable consequence and a part of Bankruptcy, and therefore push themselves to the brink of insanity to not lose the family home. But when it comes to the whole process of Bankruptcy, a key strength 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 Melbourne house, you ask? It's easier if I explain the basic theor