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Bankruptcy occurs when someone cannot pay their bills. It provides for the bankrupt’s affairs to be sorted out in an orderly manner so that both the bankrupt and the persons owed are treated fairly. A bankrupt person can be either male or female, married or otherwise, and may be a minor. Note: Someone cannot be made bankrupt for a debt less than $200.
Before someone can be made bankrupt, there must have been an act of bankruptcy. One of the following things must have occurred:
A petition has to be presented to the High Court either by:
It may seem strange to think that there is any benefit to a person being made bankrupt.
Although passing over almost everything they own, it could be said that a bankrupt person gains to the extent that they will be immune from legal action from creditors and ultimately will be released from their commitments.
The creditors benefit from the orderly conduct of the bankrupt’s affairs as there are strict procedures ensuring that no undue preferences are given.
The bankrupt’s property that is available to those owed includes all:
Mortgaged property and buildings;
Land owned with others;
Chattels, ie movable property such as a piano. Also goods, stock, shares, units, bonds, money, and bills of exchange;
Rights under contracts; and
After acquired property provided it devolves on the bankrupt before discharge, eg bequests by will.
There are certain exceptions to the above as follows:
The following is a brief summary of some of the effects of bankruptcy:
To assist you in meeting the necessary legal or financial requirements or if you consider that any of the issues contained in this fact sheet may affect you.
Disclaimer
Important: This is not advice. Readers should not act solely on the basis of the material contained in this fact sheet which consists of general comments only and do not constitute or convey advice per se. Changes in legislation may occur quickly. We therefore recommend that our formal advice be sought before acting in any of the areas. We believe the contents to be true and accurate as at the date of writing but can give no assurances or warranty regarding the accuracy, currency or applicability of any of the contents.
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