Property a bankrupt can keep
The property that the trustee cannot take from a bankrupt is set out in the Act [Bankruptcy Act 1966 s 116(2), Bankruptcy Regulations 1996 Regs 6.03 and 6.04]. This property includes:
- ordinary clothing
- necessary household goods (such as lounge suite, kitchen furniture, ordinary domestic refrigerator, washing machine, educational material, television set, stereo, video recorder)
- tools of trade, plant and equipment to the value of $3050 (indexed) (used to earn income)
- certain policies of life assurance, endowment assurance, policies of
- the bankrupt's interest in certain superannuation funds or approved
- money received as damages or compensation for injury to the bankrupt, his or her spouse or family (including death). Also any property (such as a house or car) bought with, or mostly with, that money. Where those assets have been purchased partly but not substantially with compensation for injuries, for example 10%, on the sale of that asset the bankrupt is entitled to receive that same percentage from the proceeds of the sale
- amounts paid by the State to the bankrupt under certain rural assistance agreements between the Commonwealth and the States
- the separate property of a non-bankrupt spouse or held on trust for another person
- motor vehicles with a net equity of less than $6000 or $12 000 for a jointly owned vehicle may not be taken by the trustee. Where a vehicle of higher value is sold the bankrupt will be given $6000 (or $12 000) in order to buy a cheaper vehicle which he or she can keep, see motor vehicles.
In determining what household goods can be retained, the trustee must regard:
- the number and age of members of the bankrupt's household
- any special health or medical needs
- any special climatic, geographical isolation factors
- whether the assets are reasonably necessary for the household to run properly
- whether the cost of storage and sale would exceed the sale price
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Property a bankrupt can keep : Last Revised: Wed Sep 28th 2005 |
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