A member asked over 8 years ago

Bankruptcy

Do I need a lawyer to go bankrupt?

Dane Grauf
Director at Grauf O'Brien Lawyers

Absolutely not. Although, if you are seeking advice from someone, I'd recommend a lawyer or account over a 'pre-insolvency expert' any day!


You can simply go to the AFSA website and download the forms to declare bankruptcy. AFSA are the regulators of Bankruptcy in Australia. Then, you simply send them off to be processed and you become bankrupt.


You should note you can seek to appoint a private trustee to administer your bankrupt estate. This will usually require an upfront fee. Some people prefer knowing the person administering their bankruptcy and take this option notwithstanding the costs (It is often around $5,000). If you take this option, you will need to lodge a signed consent from the trustee with you AFSA documents. If you don't, the the offical trustee is appointed to administer your estate automatically.


Suggested way forward

Consider the AFSA website, and the alternative to bankruptcy. Then, if you have any questions seek advice from AFSA direct (they will only let you know procedural things, not legal advice) or speak to a lawyer or insolvency practitioner (a trustee in bankruptcy specifically).

Answered about 7 years ago   Legal disclaimer

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