Exceptions i.e. debts not covered by bankruptcy
The debts that bankrutpcy does not release a debtor from are:
- debts incurred since the bankruptcy
- debts arising from court fines or breaching bond
- debts incurred by means of fraud or fraudulent breach of trust
- child support/maintenance *
- tax debts *
* Although bankruptcy will prevent the Australian Taxation Office from taking legal action to recover a tax debt or child support arrears incurred before the bankruptcy, it has the right to take money from any future tax refunds during the period of the bankruptcy while any debt is still owing. A bankrupt will continue to be liable for any tax or child support payable during the bankruptcy.
- Centrelink overpayments
- HECS debts
- student assistance/supplement loans
- an amount payable under a proceeds of crime law
- interest accruing on a debt that is covered by bankruptcy for a period commencing on or after the date of bankruptcy
- unliquidated claims against the bankrupt not arising from breach of contract (e.g. claims arising from a motor vehicle accident in which the bankrupt was at least partly at fault). The event giving rise to the claim must have occurred prior to bankruptcy with the claim remaining unresolved at the date of bankruptcy. As a consequence, a debtor is advised to finalise this type of matter before becoming bankrupt.
On discharge of the bankruptcy a debtor will continue to be liable for these debts.
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Exceptions i.e. debts not covered by bankruptcy : Last Revised: Fri Jan 18th 2008 |
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