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How Can My Bankruptcy
Term Be Extended To 8 Years?

How Can My Bankruptcy Term Be Extended To 8 Years?

How can it be extended?

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 (prior to bankruptcy) 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 incurred credit for more than the prescribed amount (currently set at $5,546 as at September 2016)
  • You intentionally provided false or misleading information to your Trustee;
  • You failed to pay compulsory income contributions to your Trustee;
  • If within 5 years or a 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.
 

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