bankruptcy

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Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
Bankrupt is not the only legal status that an insolvent person may have, and the term bankruptcy is therefore not a synonym for insolvency.

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    NSW Bankruptcy Vehicle Valuation

    We lent money to a friend on the 21.01.2024 and used his vehicle as security against the loan. They were unable to repay the loan and we subsequently took ownership of the vehicle on the 03.05.2024. They then declared bankruptcy on the 03.10.24 and we now have the trustee of there estate asking...
  2. M

    NSW Bankruptcy - interest in house in name of my spouse only

    Hello I had fallen on tough times and made the tough decision to declare bankruptcy. The debt amount was under 20K. I do not make enough and have no assets in my name to warrant having to pay contributions. I recently got an email from the trustee asking about my martial home i share with my...
  3. R

    QLD Partner share in property that is tied up in bankruptcy

    I bought our property in 2008 in my name only. Me and my wife was a couple already and got married on the property in 2010. I got involved in a Business that turned sour and I went into bankruptcy in 2016. I was discharged in 2019 and thought it was all in the past now but AFSA handed my file...
  4. Skateboard

    Bankruptcy due implied trust.

    My partner was joint tenants in a property in Melbourne with her brother who is property investor, he mortgaged the property for 4 million. The property was sold 6 years ago and my partner received $900,000 which was half of what was left after the mortgage was paid out. The mortgage was used...
  5. Y

    NSW Release of property after bankruptcy

    Due to a failed business my husband and I filed for bankruptcy in 2018 and then was released in 2021. At time of filing we were allowed to stay in the house we owned because there was no equity in it. After release the trustee told us they still hold the title and for it to come back to us we...
  6. M

    VIC Personal Bankruptcy & Trustee

    Summary - I have a mortgage with Westpac since 2014 which is up to date & no issue, however when i got into mortgage westpac offered / promote me a personal loan for furniture & etc.. I agreed with the condition that they will add this into my mortgage in 12 months time. they confirmed & said I...
  7. T

    Bankruptcy Notice - Debtor disputes service date

    Hello, I have served a Creditor's Petition on the debtor , after obtaining an order for Substituted Service, however the debtor disputes the date of service of the Bankruptcy Notice. He claims that it was 2 weeks after the actual service date. My question is: If the Registrar believes the...
  8. P

    QLD TPO in QLD court has been VACATED - 22mths still no trial

    So we have just received a letter from our lawyer advising the aggrieved who put in a false Temp Protection Order 18mths ago has requested the case to be VACATED due to her lawyer being elderly an d in hospital and out of action, well we have waited way too long and she keeps prolonging by...
  9. W

    QLD How to legally plan ahead to protect family home?

    Hi everybody, Could I please discuss a scenario. Apologies if too much detail is presented, I'd just rather go with too much than not enough :) A couple are in the market to buy their first family home. This will never become an investment property. They have been together for more than 10...
  10. S

    NSW Timeline for petitioning for bankruptcy

    Have a quick question. My son has just been advised a creditor is petitioning for bankruptcy. My son has quite a few assets totalling around 2mil which are not encumbered by outstanding debts. Over the past few years he has struggled with debts due to an illness. Part of the reason for the...