Is Bankruptcy Right for Me?

Bankruptcy is one of the hardest things anybody has to ever face. Making the best decision is not easy. That is why we have created a free eBook – The Big Five – to help you make a fully educated decision. At Bankruptcy Port Stephens we suggest you do not move forward with bankruptcy until you have read this, and you have the answers to the 5 big bankruptcy questions.

Is Bankruptcy Right for me

Big 5 Questions

– Is going bankrupt right for me?
– Will I lose my job?
– How will my income be affected?
– Can I keep my house or car?
– Will I lose my business or can I still be self-employed?

If you are thinking about bankruptcy, having the ability to answer these questions is vital. When you have all this information then you will know exactly what will happen to your business and assets should you choose to apply for bankruptcy. Feel free to download our eBook for free and educate yourself today. Or, if your questions are more complex, call us at Bankruptcy Port Stephens directly on 1300 795 575.

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Bankruptcy Options

Bankruptcy vs
Debt Agreement

Is going bankrupt my only choice? No of course not you always have a choice, you might want to think about a debt consolidation loan. However, the most common option considered instead of bankruptcy is a Debt Agreement (Part IX). Study the graph to work out the relative benefits and drawbacks of Bankruptcy, Debt Agreements, and Personal Insolvency Agreements, so you can make an educated choice.


Why Do Some Business Say Debt Agreements or Personal Insolvency Agreements?

There is a good reason some bankruptcy services spend a lot on TV commercials … there is a lot in it for them if you select them … In a desperate bid for your custom, things rapidly develop into a cat fight, with one company turning against another. And everybody claims they are the best. We are not here to compete. Here at Bankruptcy Port Stephens we are here to inform you so you can decide for yourself.

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Debt Agreements

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Personal Insolvency Agreements


Should I Consider a
Debt Consolidation Loan

A debt consolidation loan is in some cases the most suitable plan. What the plan does is to pack all the various loans into one, much larger loan. There might be a cost to consolidate the debts. One of the biggest challenges to consider is your credit rating, typically people thinking about bankruptcy have a badly damaged credit rating so a debt consolidation loan is simply not an option.


Who Will Know About My Bankruptcy?


A person’s personal privacy is a big deal when you file for bankruptcy. The days of your name being posted in the paper as a bankrupt are long gone.
In fact, there are normally only four kinds of people who will learn about your bankruptcy:

1.) The people you personally tell.

2.) Your creditors or the people you owe money to.

3.) People who request to access your credit file, such as when you apply for a loan. (this involves you providing authorisation first), Making an application for a loan is something you will not be doing for the 3 years you are bankrupt since no one will offer you a loan while you are bankrupt.

4.) Anyone who looks you up on the National Insolvency Index (which people have to pay to gain access to).

There is no need for you to stress, you are not a crook and you have not failed. You are simply someone who wishes to put an end to debilitating debt and move on with their lives. At Bankruptcy Port Stephens, we are here to help. Download our Free ‘The Big 5’ e-Book for comprehensive information about insolvency and your employment or give us a call on 1300 795 575.


Bankruptcy and the Family Home


If I File for Bankruptcy Can I Keep My House?

In many cases the answer is yes. If losing your house is a major concern for you then the very best way to find the answer is to call us here at Bankruptcy Port Stephens on 1300 795 575. As soon as you tell us about your situation, we can give you a very clear understanding of your options over the phone. Practically everyone is emotionally attached to their house; it is where the kids have grown up, it is where you enjoy life on a day to day basis. People often push themselves to the edge of insanity trying to not lose the family house, presuming this is an unavoidable effect of bankruptcy.


Suppose My House Has a Lot of Equity?
What Can I Do?

If your home has plenty of equity and you are still drowning in debt, there are still some possibilities available to you. In fact, this applies also to vehicles or other assets you may have. In this situation what you cannot afford to do is presume that everything will be okay. It is the bankruptcy trustee’s job to sell whatever assets you have when you apply for bankruptcy and put that money towards your debts. Getting the wrong recommendations here could be disastrous! Before you take your next step get some advice, at Bankruptcy Port Stephens we provide a free initial consultation, so call us today on 1300 795 575.


What If My Partner’s Name Is on the Mortgage?

Frequently when a couple purchase a home a single income is quite often not adequate to get approval for the mortgage, so the bank or lender will usually have both of these partners sign up for the credit. When the house is purchased both names are listed as shared tenants on the homes mortgage and the title deed of the property. Let us say Mick and Susie, who live in regional NSW, purchased a house 4 years ago for $400,000 with no deposit so their home loan was also $400,000. Mick is a plumbing contractor and needs to declare bankruptcy but Susie has a very good job teaching at a high school and does not need to declare bankruptcy. Regrettably, the house has not increased in value in the 4 years they have owned it and they also have only managed to pay the interest on the mortgage in that time. So effectively, they still have a $400,000 home loan on a house worth $400,000. Mick can then declare bankruptcy and as long as they keep covering the mortgage, rates etc, they can continue to keep the house for the 3 years Mick is bankrupt.

This action will, in no way, affect Susie’s credit history rating or require her to declare bankruptcy at the same time. There is plenty to take in when it comes to houses and declaring bankruptcy so if you have concerns about your home, do not think twice about calling us at Bankruptcy Port Stephens on 1300 795 575.


How Is Equity Determined?

This is the most important part of this procedure. Why? Simply put, if you get it wrong you are going to lose your house. There are a variety of things you should understand here. First of all, your gut reaction or assumption about the true worth of your property is probably generous. The majority of people expect their house is worth much more than it really is. When you declare bankruptcy the trustee might ask how you determined the price for your house. In some cases they might request more information about your valuation, perhaps a rates notice, a real estate agency’s appraisal or a registered valuation. A practical strategy would be to search then click on the ‘Sold’ tab on that particular site and look for the most recent home sales in your street or neighbourhood. This will assist you to get some idea of the value of the market at the moment. Always remember, the valuation is based upon a fast sale not a sophisticated real estate agent’s marketing project. Understanding this step is essential, at Bankruptcy Port Stephens we can give you guidance before moving on, call us on 1300 795 575.


What Factors Would Contribute to Losing the House?

Equity! If you are up to date with your monthly payments then the most important issue in bankruptcy is equity. If you possess $300,000 equity in your home and you have $100,000 worth of unpaid debt and no other means to pay the debt then the trustee sees your equity as a way to pay your debt and so they will more than likely sell your home to repay the unpaid debt and give you whatever funds remain from the sale.


Will the Bank Let Me Keep My House Even If I’m a Bankrupt?

Why would the bank want bankrupt customers? Wouldn’t they wish to sell your house and not take the chance on you? Consider this, the bank that has generously offered you the money for your home is making a great monthly income in interest from you, month after month. Provided you keep up to date with your payments then the mortgage lender prefers you in your home at all costs. Having said that, you keeping your house is not the bank’s call. If a trustee makes a decision that there is sufficient equity in your home to liquidate it, they will force you and the bank to sell your house.


What If I Have Received a Notice From the Tax Office?

One of the most important things to note is that YOU MUST NOT LET A TAX OFFICE NOTICE LAPSE. It will be best to contact us at Bankruptcy Port Stephens on 1300 795 575 as soon as you get a tax notice. We can then help you work through the procedures as quickly as possible to get the most beneficial outcome for you.

Once we have examined your needs, we can develop an action plan to help recommend to you the very best course of action. From this point, you can review your alternatives and select where you go from there.


Bankruptcy and Employment

Will My Employer
Be Advised?

Usually, there is no good reason for your employer to be advised of your personal bankruptcy. When you make over the income threshold and you are asked to make an income payment, you will organize those payments yourself – it does not go through your workplace.

Will I Lose My Job If I File for Bankruptcy?

When bankrupt there is a distinction between currently being employed and making an application for a new position. Rarely will you ever lose your job due to the fact that you have filed for bankruptcy. As an example, it is difficult to get into the Defence Forces as an existing bankrupt, but they do not terminate your job if you become bankrupt when you are already employed by them.

Each professional body has its own rules, and this varies from one state to another. Our advice is to speak directly to your industry-specific experts, who will understand precisely how your unique circumstance works in NSW. This is worth doing before moving forward with your bankruptcy, as it may be an important factor in your decision. Check out the chart below for a list of some professions where seeking further, industry-related assistance is a must. Some industries will not have an issue with your bankruptcy so long as it is all above board. Please do not hesitate to call us at Bankruptcy Port Stephens on 1300 795 575 with any questions you have.


Bankruptcy Income Thresholds

How Much Can I Earn When I’m Bankrupt?

In NSW there is no restriction on how much you can earn when you are bankrupt. Before filing for bankruptcy, however, it is very important to consider your salary and make sure bankruptcy is the best choice for you before continuing. Find out how much you can make before you need to start paying funds to your creditors via your trustee. There are also other things to consider with bankruptcy income such as Child Support, Hardship & Self Employment. If you are worried about this simply call us at Bankruptcy Port Stephens on 1300 795 575.


Bankruptcy and Income

Every year in March and September the Government audits income threshold figures based upon the latest cost of living. This means that the amount of money you are able to make (net income, after tax and child support) while bankrupt is often changing, and your trustee will need to establish your real net income. This real net income figure will depend on a variety of factors such as child support, salary sacrifice, superannuation payments and business expenses.


What Can My Partner Earn If I Go Bankrupt?

In most cases in NSW, your partner is seen as a completely separate entity in the eyes of the law and will not be impacted financially by your bankruptcy. In the case of a joint loan, you should first get further advice. Call Bankruptcy Port Stephens today for an obligation-free chat on 1300795575.

Partner Bankruptcy
who-is -considered-dependebt-bankruptcy-experts

Who Is Considered a Dependent?

A dependent can be anybody, of any age, who resides with you and earns no more than $3,708 per year. If you have children who do not live with you full-time, and you pay child support for them, you cannot class them as dependents. By the way, Centrelink payments are considered income for your dependents.

who-is -considered-dependebt-bankruptcy-experts

What If My Spouse or Partner and I Both Need to Go Bankrupt?

If, as a couple, you both have to declare bankruptcy and you have no dependents, then you are allowed to earn up to $1,083.01 net each. The same income rules apply to each person individually. If you have kids refer to the income thresholds in the chart above. If you have more concerns call us at Bankruptcy Port Stephens on 1300 795 575.