Frequently Asked Questions

The material contained in this website is provided for information purposes only and is not intended to constitute legal advice. For legal advice, please consult with a lawyer.

 

Do I file for bankruptcy at the Law Courts?

• No, to file for bankruptcy you must seek the advice of a Trustee in Bankruptcy, who will review your situation and advise whether you should make an assignment in bankruptcy. The trustee will file your assignment in bankruptcy with the Official Receiver. The trustee will then administer your estate throughout your bankruptcy.

How long will I be bankrupt?

• If you have not been bankrupt before, provide monthly budget worksheets to your trustee, attend the required counselling sessions, and if there is no objection to your discharge by the trustee or one of your creditors, you may be eligible to be automatically discharged from bankruptcy after nine months.

Will I have to come to court?

• You will be required to attend a court hearing if you are a second time bankrupt, or if the trustee or one of your creditors opposes your discharge.

If I explain my situation will you tell me if I should file for bankruptcy?

• No, we are not financial advisers. You should seek the help of a Trustee in Bankruptcy, they are experts in their field, and they can advise you if it is in your best interest to file an assignment in bankruptcy.

I am not getting along with my trustee, can you help me?

• No. the court does not get involved with the relationship between a bankrupt and a trustee. If the bankrupt has a problem with the trustee, they should contact the Superintendent of Bankruptcy.

Will anyone be able to look at my bankruptcy file at the Law Courts?

• Yes, bankruptcy files are public record, and are available to the public to search.