Is Bankruptcy Right for Me?

Bankruptcy is one of the hardest things anyone has to ever deal with. Making the right decision is difficult. That is why we have created a free eBook – The Big Five – to help you make a fully educated decision. At Bankruptcy Advice Sydney 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
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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 considering bankruptcy, having the ability to answer these questions is essential. When you have all this information then you will know exactly what will happen to your business and assets should you decide to declare bankruptcy. Feel free to download our eBook for free and educate yourself today. Or, if your questions are more complex, call us at Bankruptcy Advice Sydney directly on 1300 795 575.

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bankruptcy expert ebook

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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 consider a debt consolidation loan. However, the most popular alternative 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.

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

There is a reason some bankruptcy services invest 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 turn 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 Advice Sydney 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

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Should I Consider a
Debt Consolidation Loan
?

A debt consolidation loan is sometimes the most suitable plan. What the plan does is to pack all the different loans into one, larger loan. There may be a cost to consolidate the debts. One of the biggest issues to consider is your credit rating, often people considering bankruptcy have a badly damaged credit rating so a debt consolidation loan is just not an option.

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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 published in the paper as a bankrupt are long gone. In fact, there are generally only four kinds of people who will know 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 giving them permission first), Applying for a loan is something you will not be doing for the 3 years you are bankrupt since no one will give you a loan while you are bankrupt.
4.) Anyone who looks you up on the National Insolvency Index (which people must pay to access).

There is no necessity 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 carry on with their lives. At Bankruptcy Advice Sydney, we are here to help. Download our Free ‘The Big 5’ e-Book for in-depth information about insolvency and your employment or give us a call on 1300 795 575.

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Bankruptcy and the Family Home

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If I File for Bankruptcy Can I Keep My House?

In a lot of cases the answer is yes. If losing your home is a significant issue for you then the very best method to find the answer is to call us here at Bankruptcy Advice Sydney on 1300 795 575. As soon as you tell us about your situation, we can give you a very clear picture of your options over the phone. Almost everyone is sentimentally attached to their house; it is where the kids have grown up, it is where you indulge in life on a day to day basis. People often pressure themselves to the edge of insanity trying to not lose the family house, presuming this is an unavoidable effect of bankruptcy.

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

If your home has lots of equity and you are still drowning in debt, there are still some options accessible 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 assume that everything will be ok. 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 Advice Sydney we provide a free initial consultation, so call us today on 1300 795 575.

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

Often when a couple buy a house a single income is 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. Once 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 reside in regional New South Wales, purchased a house 4 years ago for $400,000 without any deposit so their home loan was also $400,000. Mick is a plumbing contractor and needs to declare bankruptcy but Susie has an excellent 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 essentially, they still have a $400,000 home loan on a home 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, impact 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 going bankrupt so if you have concerns about your home, do not think twice about calling us at Bankruptcy Advice Sydney on 1300 795 575.

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How Is Equity Determined?

This is the most vital part of this procedure. Why? Put simply, if you get it wrong you are going to lose your home. There are a number of things you should understand here. Firstly, your gut reaction or assumption about the true worth of your property is probably generous. Most people expect their home is worth much more than it really is. When you declare bankruptcy the trustee may ask how you determined the price for your home. Sometimes they might ask for more information about your valuation, possibly a rates notice, a real estate agency’s appraisal or a registered valuation. A useful strategy would be to search www.realestate.com.au then click the ‘Sold’ tab on that particular site and look for the most recent house sales in your street or neighbourhood. This will help 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 Advice Sydney we can give you guidance before moving on, call us on 1300 795 575.

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What Factors Would Contribute to Losing the House?

Equity! If you are up to date with your monthly payments then the most significant concern in bankruptcy is equity. If you have $300,000 equity in your house 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 consequently they will most likely sell off your home to repay the unpaid debt and give you whatever funds remain from the sale.

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

Why would the bank want bankrupt customers? Wouldn’t they want to sell your house and not take the chance on you? Consider this, the bank that has generously provided you the money for your home is making a good monthly income in interest from you, month after month. Provided you keep up to date with your payments then the mortgage lender really wants 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 enough equity in your house to liquidate it, they will force you and the bank to sell your home.

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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 get in touch with us at Bankruptcy Advice Sydney on 1300 795 575 as soon as you receive a tax notice. We can then help you work through the procedures as quickly as possible to get the most favourable outcome for you.

When we have assessed your needs, we can develop an action plan to help advise to you the very best strategy. From this point, you can examine your options and decide on where you go from there.

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Bankruptcy and Employment

Will My Employer
Be Advised?

Normally, there is no good reason for your employer to be informed of your personal bankruptcy. When you make over the income threshold income and you are asked to make an income payment, you will plan 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 presently being employed and applying for a new position. Rarely will you ever lose your job because you have filed for bankruptcy. For example, it is difficult to get into the Defence Forces as a current bankrupt, but they do not terminate your job if you become bankrupt when you are currently employed by them.

Each professional body has its own guidelines, and this differs from state to state. Our advice is to speak directly to your industry-specific experts, who will know exactly how your unique situation works in NSW. This is worth doing before proceeding with your bankruptcy, as it may be a critical factor in your decision. Have a look at the chart below for a list of some occupations 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 Advice Sydney on 1300 795 575 with any queries you have.

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Bankruptcy Income Thresholds

How Much Can I Earn When I’m Bankrupt?

In New South Wales there is no limitation on how much you can earn when you are bankrupt. Before filing for bankruptcy, however, it is important to consider your income and ensure bankruptcy is the best choice for you before proceeding. 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 think about with bankruptcy income such as Child Support, Hardship & Self Employment. If you are stressed over this just call us at Bankruptcy Advice Sydney on 1300 795 575.

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Bankruptcy and Income

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

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What Can My Partner Earn If I Go Bankrupt?

In most cases in Australia, 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 seek further advice. Call Bankruptcy Experts today for an obligation-free chat on 1300 795 575.

Partner Bankruptcy
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Who Is Considered a Dependent?

A dependent can be anybody, of any age, who lives with you and earns no more than $3,708 each 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.

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

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

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