Bankruptcy Bankruptcy

Bankruptcy Information & Advice Specialists

Going bankrupt can have severe implications for people. To avoid bankruptcy you need to explore all available options.

We can provide professional advice & information to Australians and also advise people on all options as to how you can avoid going bankrupt. View our detailed pages on Bankruptcy Information or call us toll FREE for free help on 1800 73 11 55.

Why declare yourself bankrupt?

Most Australians only contemplate going bankrupt if they have unmanageable debts.

Bankruptcy forms

To declare yourself bankrupt you will need to complete the ITSA approved bankruptcy forms and lodge them with ITSA. Don’t pay for the forms when you can download them here at no cost!

If you are struggling to complete the forms and you need assistance call us for help. Completing the forms incorrectly could be a ground for your term to be extended so special care needs to be taken.

Choice of Trustee

Did you know you can choose your trustee to manage your estate? We have an in-house Trustee that can manage your estate. If you don’t want a privately registered trustee you can simply file your  papers with ITSA and the Official Trustee at ITSA will most likely become your trustee.

How do I avoid becoming bankrupt?

You may be able to avoid going bankrupt by following these steps:

If your creditors are threatening bankruptcy you may wish to consider to benefits of a formal arrangement, like a Debt Agreement or a Personal Insolvency Agreement.

We will assess your case free of charge and without obligation to see what type of arrangement is appropriate for you. Call us toll FREE on 1800 73 11 55

How to set up a formal agreement?

The first step is to prepare a budget of your household income and expenditure. If you have a surplus household budget you can use this surplus to pay into your agreement.

How long will I be bankrupt?

In most cases you will be bankrupt for 3 years. In some cases this time period can be increased up to 5 years or in extreme cases 8 years. For more information click here.

What do I need to know about becoming bankrupt?

Becoming bankrupt will affect your credit rating for at least 7 years, possibly longer.

Committing an offence could lead to your bankruptcy being extended for up to 8 years. Typical offences include (but not limited to):

  • concealing an asset
  • failing to disclose a liability
  • leaving Australia without permission
  • failing to attend an interview with your trustee
  • failing to pay your statutory income contributions.

Becoming bankrupt can be complicated

Going bankrupt can be complicated (particularly if own property jointly with a non-bankrupt spouse or you will earn income which exceed the income contribution thresholds). We are happy to provide advice and free bankruptcy information if you are contemplating bankruptcy, however, if you are already bankrupt we regret we cannot provide any bankruptcy help. If you are already bankrupt and you need help we ask that you call a solicitor or ITSA to resolve your concern.

We help Australians make the right decision by providing you with the right information. Get the help you can trust on our toll FREE phone line on 1800 73 11 55

Step by step guide to bankruptcy

Step 1: Assess the Criteria

Do you have a connection with Australia?

Australian Residents

Residents of Australia are free to file for bankruptcy if you have overwhelming debts which you cannot pay. The Official Receiver at ITSA has the discretion to reject a debtors’ petition if:

More on Step 1: Assess the Criteria

Step 2 – Get Expert Advice

It is critical that you approach an organisation with the genuine expertise in bankruptcy.  You should enquire if the organisation has a Registered Trustee that practices in bankruptcy.

At Debt Free we have a private bankruptcy trustee who has a wealth of experience in practising bankruptcy, so you can be assured you will expert bankruptcy advice.

More on Step 2 – Get Expert Advice

Step 3 – Consider your Options

Bankruptcy Options

If you are considering bankruptcy, you should carefully assess your options, including your options to avoid bankruptcy.  If you file for bankruptcy without carefully exploring your options it may be too late.

More on Step 3 – Consider your Options

Step 4 – Complete the Forms

The Insolvency Trustee Service Australia (ITSA) publish and process Bankruptcy Forms.

To become bankrupt you will need to complete and file the following documents:

More on Step 4 – Complete the Forms