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How can my bankruptcy can be extended to 8 years

By Administrator 30 May, 2013

A Bankruptcy Trustee can object to your automatic discharge and file an application with AFSA for it to be extended from 3 years to 8 years if you trigger any of the following grounds:

  • you entered into a transaction prior to bankruptcy with the intent to defeat creditors which was declared void by your Trustee;
  • you made an excessive payment into your superannuation fund prior to bankruptcy with the intent to defeat creditors;
  • you failed to provide a written explanation to your Trustee about your property, income or expected income;
  • you intentionally provided false or misleading information to your Trustee;
  • you failed to disclose full particulars of income or expected income to your Trustee;
  • you failed to pay compulsory income contributions to your Trustee;
  • if within 5 years prior to becoming bankrupt,
    1. you spent money but failed to adequately explain (when asked by your Trustee) how and for what purpose the money was spent;
    2. you sold property but failed to adequately explain (when asked by your Trustee) why no money was received for the sale or what you did with the money;
  • whilst bankrupt you left Australia and failed to return to Australia when requested to do so by your Trustee;
  • whilst bankrupt you refused or failed to sign a document after your Trustee requested you to sign the document;
  • you intentionally failed to disclose to your Trustee a beneficial interest in an asset.