Yes. All you need to do is apply to your bankruptcy trustee for approval to go. You’ll get it, that being said there is a one-page application you need to complete simply to advise the trustee of how long you will be travelling, etc. This policy only truly exists so high flyers don’t skip the country. At times the trustee will request your passport, but don’t worry about it considering that you can ask for it back when you want to travel. The big aspect of this is ensuring that you actually ask– because if you overlook this then you can actually get in a ton of trouble. Call us if you wish to learn more regarding travel on 1300 818 575.
In many cases the answer is yes! In fact, in many cases these days we can help you keep your home. At Bankruptcy Experts Albury we are experts at helping people keep their homes. It’s actually really tricky, so if you are worried about losing your home call us on 1300 818 575 and we will walk you through your choices.
The thought of losing the family home is quite possibly the most common deterrent to people declaring bankruptcy. We talk with people daily who have wrestled for a long time under serious financial strain so they don’t lose their home.
So how is it likely when declaring bankruptcy to keep your house? Easy, really; it’s a matter of equity. Let’s put it like this, if you own a home that’s worth $350,000 and you owe the bank $350,000 you essentially have no equity in your house, correct? The trustee will only sell your house if there is definitely enough equity in the home, if sold, to repay a lot of your debts. So for this particular scenario, the trustee will then offer you some options, one of which is to merely to go on paying the mortgage and live in the house while you are actually bankrupt.
So how can I discover the value of my home before I look at the process and pain of declaring bankruptcy? A general way is generally to go onto www.realestate.com.au and take a look at the sold properties tab in the Albury area and then it will display all the more recent sales in your region. Another possibility, if you are not sure or are very fearful, is to have a registered valuer do a valuation on your home, not a real estate agent ( except if they are registered valuers, obviously). Be warned this will cost you anywhere between $300-700. Just another thing about house prices – If the trustee needs to sell off your house they do this moderately promptly. It is usually not a 6-month shiny marketing project and instead it’s generally by auction and they just meet the market on the day and that is probably it. So when thinking about the value keep in mind that it’s a sell right now price, not when the market improves.
Once you have calculated the market value of your home the next thing to consider is who owns your home.
Generally when our clients are declaring bankruptcy most home loans are between a couple of individuals as joint tenants who both add to the home loan. Granted that only one party is declaring bankruptcy then the equity is worked out like this.
Say your house is worth $400,000 and the latest market value is $350,000. Then the balance of equity in the house is $50,000, right? Half of that overall equity is automatically allocated to the person not declaring bankruptcy, leaving $25,000 for the bankrupt. From this $25,000 the declaring bankruptcy party has to cover all of the selling costs including advertising etc.,
which, depending upon precisely where you live, can cost anywhere between $12,000-20 ,000. With this particular case say the sales expenses are going to be $15,000 then the remaining left over after the sale is $10,000. So in this case the trustee will provide the non-declaring bankruptcy party a few options. One of which is common is for the bank to say, “Pay us the $10,000 and we will not sell your home and you will have it removed as an asset from the bankrupt’s estate.” Or, in other words, work out a deal to pay the $10,000 and you can keep your house.
Just a side note: the financial institution who has brought you the property loan will need the repayments to be continued naturally. No matter what the trustee decides, if you do not pay the bank the property loan these guys will eventually ask you to leave. So, in plain English, keeping your home certainly implies continuing the mortgage too.
There are many more alternatives with your house when declaring bankruptcy, and we have just detailed one choice of potentially 20 options you can select when it involves your house. We are aware that you will need to get this right. Taking a chance with the family home can be a devastating choice. If you intend to get the necessary advice about declaring bankruptcy or you simply just have to talk with someone contact us on 1300 818 575.
Your travel would be prohibited by the trustee due to legal action. For example, if your declaring bankruptcy is a part of a criminal investigation or fraudulent activities, its possible the trustee will restrict your travel.
Bankruptcy lasts 3 years and will sit on your credit file for that time. However, as with any default it will be present on your credit file for 7 years. You can have it taken off if you get your bankruptcy annulled.
Bankruptcy is for 3 years and during that time you will most likely not get a loan. After the 3 years is up you are going to have the potential to get loans; you just won’t get the very best rate. Your credit file will be wiped clean 4 years after you have been discharged as a bankrupt then you will have an preferred credit history once again and you will get the most competitive deal on loans.
Often, no. Bankrupts hardly ever lose their cars just because they’ve filed for bankruptcy. Of course, this is limited and we can let you know if your car is safe. Call Bankruptcy Experts Albury on 1300 818 575.
How is this figured out? Well it is calculated based upon a threshold price for your car. The threshold is the maximum wholesale market value your car could be worth, which is $7,350. You will find all kinds of incorrect information about this online, but here are really the
facts.
That $7,350 represents not the total value; it represents equity. So, essentially, if you have a car worth $35,000 you are repaying or leasing and the amount you could sell it for is $30,000 then you can keep your car because its equity is only $5,000. The company that offered you the loan for the car will be pleased for you to keep the car despite the fact that you are bankrupt just as long as you maintain the payments.
Get some advice on this one. If you are considering declaring bankruptcy and simply need some advice right away call 1300 818 575. Basically, you will get about two to three repayments grace when it comes to car loans. The bottom line is simple: whether you are declaring bankruptcy or otherwise, if you miss out on three or even more repayments on your loan they will retrieve the car. Don’t think because you are declaring bankruptcy you are automatically going to lose your car because in most cases we help people keep them.
The creditors, or the people you owe money to, are alerted in writing at about the same time you receive your bankruptcy file number.
No. The filing for bankruptcy process is simply a paperwork exercise. All that actually happens is that you will possibly be sent a letter by snail mail or emailed a letter warning you that you are actually bankrupt. At Bankruptcy Experts Albury we make certain that this whole process is that simple, so if you have questions about this phone 1300 818 575.
Absolutely. This process will take approximately two weeks and will thoroughly get rid of the bankruptcy from your credit history. There are regulations within the Bankruptcy Act that make it possible for a bankrupt individual to have their bankruptcy annulled through a Section 73 proposal.
The repercussions of creditor’s claims can typically result in bankruptcy, regardless of if it was the person’s decision to enter bankruptcy, or if it was filed by a creditor. Nonetheless, bankruptcy is far from the end of the world for the person who experiences bankruptcy.
We have been taking care of people declaring bankruptcy in the Albury area for a number of years so call us today on 1300 818 575 to get some knowledge on this matter. We exercise probably the most suitable possible strategy for you in order to get back up and running, getting rid of left over effects and hindrances of former financial circumstances to give you the best conceivable outcome. Having experience and skills specialising in Section 73 proposals, we can combine this with our proven strategies and methods to bring you through bankruptcy unharmed, ready to start over.
Initially, having your personal bankruptcy annulled is virtually reversing it 100%. So if you are really contemplating having your bankruptcy annulled there are a handful of things you need to know.
Firstly, exactly how does the annulment work? A easy way to understand it is this – let’s say someone owes you $50,000 and they have not paid you one cent back for years. Then to make things worse you learn that they are declaring bankruptcy. You would kiss that money goodbye, right? Years go by and they come to you with an offer to pay you $5,000 that their grandparents are offering to them to work out your debt with them. Most certainly you are thrilled to take it, because it is far better than nothing. The only condition they ask for in return is that you agree to have the bankruptcy cleaned from their record, and if you don’t consent to do that then there will be no $5,000. Obviously you do not care about their credit file; you are just thrilled they are offering you some money after all these years.
In bankruptcy terms this technique is usually called a Section 73 proposal, and it is definitely an approach where ‘everybody wins.’
Essentially, the trustee reaches out to your creditors, shows your offer, which is drastically less than the original debt owed, on the condition they clear your credit file clean.
This process takes a few weeks. The proposal can be done at any time in the 3 years you are bankrupt. However, you have to consider the time of your proposal; you don’t want to do it the day you are declaring bankruptcy because it does cost money to carry this out, you want to ensure the odds are on your side. For example, if you are repaying money to the trustee each week because you earn over the threshold amount, then your creditors will know they are going to get a certain amount from you over the 3 years anyway so it better be greater than it will add up to.
similarly, If you have merely been bankrupt three weeks it will definitely be harder to get an annulment because they may get some cash from you over the 3 years if you earn over the threshold sum of money.
If you need help to put a section 73 proposal to your trustee or simply just need more information about the timing of when to put an offer forward, just phone us on 1300 818 575.
Can I nevertheless undergo the process of declaring bankruptcy if I’m currently in a Debt Agreement or Personal Insolvency Agreement or maybe in a Debt Consolidation Loan Contract?
Yes! We can help you cancel every one of these agreements. With Debt Agreements and Personal Insolvency Agreements we will have to have you discharged from them first off before you suffer through the pain of declaring bankruptcy, but it is really no problem. If you are locked into one of these and simply aren’t able to get on top give us call at 1300 818 575.
Yes! We can assist you cancel all of these agreements. With Debt Agreements and Personal Insolvency Agreements we will need to have you discharged from them first before you go through the pain of declaring bankruptcy, but its no problem. If you are locked into one of these and simply cant get on top give us call at 1300 818 575.
There are very few debts that declaring bankruptcy won’t 100% remove, like Centrelink, child support, HECS and a court-imposed fine (speeding fines, etc.) and, ultimately, money owed to an insurance company because of a car accident in an without insurance while you were driving.
Besides that, it will remove things like your credit cards, store cards, GST and tax, unsecured personal loans, etc. In reality, there are a bunch of things to list so if you have a specific debt you are worried about just call for a free consultation 1300 818 575.
You can’t file for bankruptcy for an amount under $5,000; however, there is no restriction over that. If you owe a couple million dollars, that is really managed no differently compared to $20,000.
An unsecured creditor is a lender that does not really have a hold over the chattels/assets/property acquired with the credit afforded to you. Such debts normally include credit card debts.
A secured creditor has a hold over the chattels/assets/property until the debt is paid out completely. If a debtor defaults on a secured debt, the creditor has the right to retrieve and sell the chattels/assets/property to pay for the debt.
Our people have helped thousands of people go through the process of declaring bankruptcy over many years and we have certainly never had anyone’s application declined. That is actually the reason that we provide a 100% money back guarantee.
There is a essential method we use here before declaring bankruptcy and all you must do is get a copy of your credit history as it definitely will have your credit history on there. Companies like www.veda.com.au will have the capacity to get you a copy for a modest fee.
Vehicle accidents may be problematic, so to keep it uncomplicated call us on 1300 818 575 to get the best advice on your circumstance. Declaring bankruptcy may not be the right option. However, as a general rule, if you were driving a car that was not actually insured then the cost of the repairs is not removed with the declaring bankruptcy process. Having said that, it depends on who accepted liability or who was simply at fault. If you go to court and the court confirms you were not at fault then you shall be fine.
Yes! We can help you do this, although it’s achievable there are consequences and plenty of regulations around this process, so phone us and we will steer you through the procedure on 1300 818 575. Bankruptcy Experts Albury are professionals at assisting companies get back on their feet.
Yes. There actually is an approach to follow, but if you win lotto or inherit some cash you can use it to get your record wiped clean. There is actually a way of carrying this out correctly; just contact us first.
Generally, if you owe money to a lender they could get a court order and then bankrupt you. They will have to follow a process, but it is possible. What you need to avoid at all costs if possible is someone else bankrupting you, as it’s always best to voluntarily declare bankruptcy. Unless you enjoy going to court and annoying phone calls, of course.
Yes. However, this is generally a challenging process and we suggest you get some expert advice before declaring bankruptcy; if it’s handled incorrectly, it might be disastrous. For a free consultation call Bankruptcy Experts Albury 1300 818 575.
No, we do that for you. Actually, we serve as a buffer or a midway point in between you and your creditors. So ultimately you are not obligated to notify them of your bankruptcy; we take care of that for you.
Three Years.
Usually, it takes about 2 weeks.
Yes. Typically a lender will go after the other person that signed the loan files with you for the sum total of the remaining money owing on the loan.
Don’t panic! If you missed a debt and remember it later, just get in touch with your trustee with the name of the creditor, address, date the debt was incurred, amount of debt and any account or reference number/s supplied by the lender. Your trustee will add the creditor to your bankruptcy and send a notification to the creditor.
No. We take care of the entire procedure for you.
As a rule this is not really a problem, so if you are actually a gambler, don’t stress. What the trustee does not like is inconsistency here. Simply put, if you have never gambled in your life and all of a sudden you lost $50,000 on the horses, then you might just have some explaining to do, of course, because it just won’t add up and looks suspicious.
Yes. We recognize that you are busy. If you have a phone we can help you; simply give us a call on 1300 818 575.
Yes. This is generally quite possible. It needs some emails back and forth but it can be done.
Yes. If a person actually living in a different country is now residing in Australia then declares bankruptcy and they have a unpaid debt incurred in that foreign country, you just specify that liability on the documentation.
In most cases the creditor overseas will erase the debt. It is potential and lawful for them, however, to deny your application, and if you return to that country you may be subject to their bankruptcy laws.
There are actually a few ways the trustee can discover, and one of the most effective and easiest way is for you to let them find out when we do the paperwork. There is also a government site which has major assets listed also. You should get some guidance about assets; take care.
This is complicated and you are going to want the best assistance, so if you need extra information about inheritances contact us on 1300 818 575.
No. The income thresholds are the same for each person so regardless of how you earn your income you will have to earn about $50,000 annually before your income will be altered by bankruptcy.
You can keep money from tax returns simply if you did not have any tax debts. So if you owed money to the Tax Office when you declared bankruptcy at that point they will take your tax return. The main reason for this is because your income tax return is viewed as net income, so if you are actually below the threshold amount you can earn while bankrupt and provided you really did not have those various other debts then you will get your entire tax return back.
If you are required to pay child support, this money will be taken off from your net income, so what you have the ability to keep after you pay your tax then child support is looked at as net income. That is why when declaring bankruptcy, the net income numbers are always quoted.
Yes, however it’s not a smart idea. You are permitted even while you are declaring bankruptcy, but the trustee will take them from you, as they are considered an asset.
You can keep just about everything when filing for bankruptcy except big things like houses, cars, shares and inheritances. Even things like houses and vehicles may be able to be saved. Simply just give us a call before you make any rash decisions on 1300 818 575 for Bankruptcy Experts Albury.