Bankruptcy in Geraldton - Who do I talk to?

Should I talk with my accountant about Bankruptcy?

The answer seems obvious doesn't it: if anyone knows your financial situation well in Geraldton, It's going to be your accountant. However, the short answer is a definite No! It's not that your accountant doesn't have your best interests in mind when it comes to Bankruptcy, it's that his knowledge lie in helping you save you money at tax time, reducing your tax liability and lodging your BAS.

Most accounting degrees will invest hardly any to no time on insolvency, it's generally performed as a post graduate speciality course for those who intend to work in the field. Unless your accountant is an insolvency specialist, he will not know that a lot about the effects of Bankruptcy, I can assure you insolvency specialists know much about tax returns or BAS in. If you do happen to find an insolvency accounting firm in Geraldton, they have the tendency to be large firms with very nice office spaces who charge accordingly.

Should I consult my Solicitor about Bankruptcy?

No! You can speak with your solicitor in Geraldton but more than likely it won't do you much good. Solicitors are certainly good at carrying out things lawyers do, like assisting you do your Will and buying your house and keeping you out of court if you're lucky. When it comes to Bankruptcy, the specialists in Geraldton tend to have either a legal or accounting background, and the reason for that is simply that you can't enrol in the post graduate study to become a qualified insolvency practitioner unless you have a law or accounting degree.

Just like there are a couple of insolvency accounting firms, there are very few insolvency legal practices in Australia, and yes if you choose one you will pay a sizeable price for their expertise.

Should I speak to a financial counsellor about Bankruptcy?

Yes! There are lots of financial counselling services to aid you through this, they have no hidden agendas and they're a superb option for letting you think through your situation when it comes to Bankruptcy. If you find yourself stressing constantly, not sleeping, not eating or over-eating and thinking about money pressures at all times, then get some help.

There are also charitable organizations around Geraldton like Lifeline that offer an excellent service. They will be a sounding board if you just need somebody to go over with you what your choices are. Don't let your financial issue destroy your life - ultimately it's just money.

If you want to learn more about what to do, where to turn and what matters to ask about Bankruptcy, then feel free to get in touch with Bankruptcy Experts Geraldton on 1300 795 575, or visit our website: www.bankruptcyexpertsGeraldton.com.au.

Bankruptcy in Geraldton - Will I lose my business if I go bankrupt?

When people in Geraldton come to me seeking to talk about Bankruptcy, they are usually packed with questions. The internet has lots of information, but far too much of it is confusing or contradicts itself, so I make it my mission to try and make things more clear. One of the most routine troubles is 'Will I lose my business if I declare bankruptcy?' The concise answer is no. If you are an owner of a business any shape or size you can maintain your business if you would like to. In Geraldton, businesses that eventually are insolvent have a few options just like liquidation, voluntary administration and so on. It's individuals who go bankrupt not businesses.

Bankruptcy is a complicated area so get some qualified advice on this one if you have a business. Generally speaking, the financial obligations in a business and personal debts go hand in hand when a business owner goes bankrupt. There are a few vital implications for directors of companies when it pertains to Bankruptcy in Geraldton: A bankrupt can not be a director of a company, so if you have a pty ltd company you will definitely need to retire as a director soon after you're bankrupt.

A limitation that applies when you are bankrupt as a business owner is that you may be in your own business as a sole trader only. There are things you must make known as an aspect of that but generally you can still run your company. For some business owners, bankruptcy impacts their ability to run the business because of the licensing issues. Such as, if you run a building company, your license will be suspended once you're bankrupt and therefore you can no longer trade without that license, so make sure you are asking the ideal questions when it involves licenses and Bankruptcy in Geraldton.

However if your business is not impacted directly by such issues, then you'll will need to restructure the way you run your business. There are considerations when and if you go bankrupt as a business owner: you can not rack up heaps of debt in your business, then go bankrupt then open the doors the next day like practically nothing had happened. There are laws in place to prevent what is called phoenix companies growing out of the ashes of an old company.

Having said that, it's just a point of speaking with the suitable people about Bankruptcy. Here in this circumstance you may believe you need a liquidator for your business, and you might be right, but bear in mind that every liquidator is varied and have their own motives. Liquidators make money from your liquidation - heaps of money - so what advice do you think you will get?

When it comes to Bankruptcy, I consider that giving generic advice in this area is likely risky as it can have very severe implications for directors and business owners. This is since it is just one of those cases where what the right guidance for one business owner is the inappropriate advice for the other. There are some basics however, that you may benefit from. There is no reduce to the size of the business you run though you are bankrupt. You can employ staff. You can constantly deal with your vendors under certain conditions, the main one being you will need to meet the payment terms agreed upon.

So when it concerns Bankruptcy, don't get extremely upset about what you can and can't do as a business owner, just get the right advice ... If you wish to learn more about what to do, where to turn and what questions to ask about Bankruptcy, then feel free to speak with Bankruptcy Experts Geraldton on 1300 795 575, or visit our website: .bankruptcyexpertsGeraldton.com.au.

Bankruptcy in Geraldton - Changes to help Small Business and Entrepreneurs

Do you understand just how much BankruptcyGeraldton is changing? The Australian Government at the end of 2015 put up some underlying changes to the Bankruptcy Laws in Australia. Among the most significant of these is the length of time that a person is bankrupt for. Currently, there is a minimum amount of time that you must stay bankrupt, but, this 3 year period may very well be reduced to just 12 months. So if you are inquiring about Bankruptcy, this news may be quite important to you.

Mark Carnegie in the Financial Review on the 7th December 2015 recommended that "the proposed changes to ease the burden of bankruptcy laws didn't go far enough and the government should adopt US-style laws to protect the family home".

These shifts to the issue of Bankruptcy will take 18 months to implement. Mr Carnegie, went on to say in the Financial Review that safeguarding family assets was necessary because "banks just terrorise small business and the mental health consequences to society are enormous".

The problem is Australia's bankruptcy laws discouraged investors from supporting start-ups, and therefore mentoring had been "driven out of the system".

"They naturally find it very intimidating themselves personally and with their assets at risk in a risky early-stage deal, but with their own money in the deal and a lightened-up provision I think we 'd probably see more willingness. It could be more important than the money."

Fraudulent Behavior

The issue around this Bankruptcy issue in Geraldton that some come up with is that this variation will only motivate fraudulent behavior opening pandora's box in a manner of speaking for the unscrupulous to exploitation of the bankruptcy system. We have taken a look at the minimum, but on the other side of the matter, The government is not proposing to change the maximum term of 8 years if it deems a bankrupt has operated in an unethical or fraudulent way, and there are no recommendations to change the repercussions of misrepresenting yourself or financial position when filing for bankruptcy in Australia.

As an insolvency professional in Geraldton, I have a decent share of practical experience when it comes to Bankruptcy. And having dealt with thousands of bankruptcy cases in Geraldton I have never caught someone abusing the system or acting in an irresponsible way as to exploit the bankruptcy laws in Australia. When it comes to Bankruptcy, every week I help a small business owner or entrepreneur look at the very challenging task of bankruptcy, not once have I perceived they are happy about it. The normal small business owner or entrepreneur in Geraldton does not start out taking enormous financial risks with the intent to fail. The media really loves citing the apparent abuse that will be rampant if these changes occur, what a joke!

A Win for Small Business

These suggested changes will be good for often the best and brightest in Geraldton not get kicked out of the game financially for financial decisions often out of their control. Most small business owners I help with Bankruptcy, are hardworking, tax paying, employers keeping this country going.

There certainly is a fine line with what exactly the government is trying to do here, because they are aiming to balance helping individuals who have made decisions out of their control, and discouraging people from making errors that land them in trouble and as a result an issue of Bankruptcy. However you likewise don't want to wipe out the experience and knowledge that business owners have. You surely don't want to shatter people simply because they have had a sincere failure in a large or small start-up enterprise that has not gone well.

At the big end of town large established companies have long been criticised for their failure to innovate - lets face it they would be more likely to do so if the risks of insolvency were minimized because directors are worried they'll be personally responsible in an insolvency arrangement if the new venture doesn't work out.

The government's suggested 'safe haven' modifications for directors of companies will enable Australia to more fully explore and innovate, which will make big updates for Bankruptcy. I can not imagine, that these improvements will be detrimental to Australia's economy, in fact these bankruptcy laws will save the tax payer in all areas of health - Especially in the mental health industry because the emotional cost of bankruptcy is enormous. When it comes to Bankruptcy in Geraldton not a day passes where I don't hear the tragic experiences of relationship failures, thoughts of suicide and the list goes on.

Bankruptcy helps save lives, and it could save yours. If you need some assistance with your debts in Geraldton or are just considering Bankruptcy, don't hesitate to contact us here at Bankruptcy Experts Geraldton on 1300 795 575, or visit our website: bankruptcyexpertsgeraldton.com.au

Bankruptcy in Geraldton - does it matter if it is voluntary?

When it comes to Bankruptcy Geraldton, generally people aren't aware that there are both voluntary, and involuntary bankruptcy - both have different approaches and policies.

Involuntary bankruptcy happens when someone you owe money to involves the court to declare you bankrupt. Normally when you get one of these particular notices, you have 21 days to pay all the debt. If you do not, then the creditor returns to the court and requests the court to provide a sequestration order that declares you bankrupt. A trustee is assigned, and then you have 14 days to get the paperwork in then afterwards you are bankrupt.

You can challenge a bankruptcy notice by going to court after the 21 days have expired and put your case forward, to stop it going to the next level. Apart from the way you became bankrupt there is in fact no distinction between Involuntary Bankruptcy and or Voluntary Bankruptcy - once you are simply declared bankrupt, they're overseen to in the exact same way.

However, when it concerns Bankruptcy for this, the stress, torment and fear that accompanies this method is incredible. If you think you are prone to be made bankrupt by someone, get some guidance and act on that advice. Generally I've found it's always better to know what you can and can't do before you have somebody bankrupt you. Once you are bankrupt, it's generally far too late.

Voluntary Bankruptcy

Alternatively, when it comes to Bankruptcy, sometimes there are times that it is the most ideal option. So you may need to ask yourself, 'when should I consider voluntary Bankruptcy?'.

This question is not the very same for everyone of course, but basically I find that one way you could work it out is to figure out how long it will take you to pay all of your debts - if its longer than 3 years (the period you are declared bankrupt), then this may assist you make that decision, and help you to understand Bankruptcy.

Once, I had an 80 year old pensioner, who came to me once regarding * Bankrupcty tell me that her credit card statement calculated how long her debt would take to pay at the rate she was paying her account, and it was 35 years! Imagine 35 years for one credit card bill.

Credit rating damage can really help you think this through. If you move house and fail to remember to pay your $30 phone bill for 6 months more, it's very likely the phone company will default your credit file. That default will sit on your file for 5 years, so for $30 you can have your credit file seriously damaged for that period of time - and all of this will affect how you need to approach Bankruptcy.

In many ways, the ease with which companies/credit providers can default your credit file is unfair. The punishment doesn't seem to amount to the crime in my book. So if you actually have defaults on your credit report for 5 years, remember that bankruptcy is on your credit file for a total 7 years then its rubbed out completely.

So if your credit rating is a big element in trying to decide whether to participate in a Debt Agreement or Personal Insolvency Agreement or Bankruptcy remember they will all sit on your credit file for a total of 7 years. The biggest contrast is that with a DA or PIA you repay the money and still have it on your file for 7 years.

Bankruptcy

I have stated the word a few times now, but when it comes down to it, Bankruptcy is the biggest part, and the part more people are afraid of when they come to me to go over their financial situation and Bankruptcy. The other side of crime and punishment equation is bankruptcy, and in this country the provisions are very generous: you can go bankrupt owing millions of dollars and after 3 years it's all finished with no strings attached. Compared to countries like the United States, our bankruptcy laws are really good.

I don't claim to know why that is but a few hundred years ago debtors went to prison. These days I suppose the government feels the sooner it can get you back on your feet working and paying tax, the better. It makes more sense than locking you up which costs the taxpayer anyway.

Bankruptcy wipes all your debts including ATO debts except for a few things:

·         Centrelink Debts, Court Fines like parking and speeding fines.

·         HECS or Fee Help loans.

·         Money to take care of a car accident if the car was not actually insured.

There is much more that can be said about doing this and Bankruptcy in general but the objective of this blog was to help you decide between a few possible options. When getting some advice, don't forget that there are always possibilities when it concerns Bankruptcy in Geraldton, so do some legwork, and Good luck!

If you wish to find out more about exactly what to do, where to turn and what questions to ask about Bankruptcy, then don't hesitate to talk to Bankruptcy Experts Geraldton on 1300 795 575, or visit our website:.bankruptcyexpertsGeraldton.com.au.

Bankruptcy in Geraldton - Will my income be changed if I go bankrupt?

Bankruptcy Geraldton is a challenging process, and you need to ensure you get the right insight. And when it comes to your income being affected, the answer to the question is maybe. The first thing you have to know about going bankrupt is there is no rule on how much you can earn. However, I will mention that your income is a significant consideration when working through when it comes to Bankruptcy.

The very first thing you need to understand about this area of Bankruptcy is the amount you can earn before you start paying back money to your creditors via your trustee (see table below).

Net income is the pre-tax/ in the hand quantity you earn per year. A dependant is someone who lives with you and earns less than $3,124 per year (regardless of their age).

You can make an application for a hardship variation that raises the threshold amount, if you have costs in Geraldton such as medical, child care, significant travel to and from your job, or a circumstance where your partner used to work but is not able to add to the family income.

Some of the interesting parts of Bankruptcy is that your employer will not be notified when you file for bankruptcy. Also, Child support is always considered in bankruptcy, if you receive child support that is not factored in as income. If you pay child support this will be also thought about, for example if you pay $5,000 child support each year and you have no dependents living with you then your amended net income limit will be $55,332.10.

There are a lot more issues encompassing income and what is or isn't regarded as income - if you're not sure, it's ideal to get specialist advice. The reason you need to consider your income as a part of the Big 5 questions here is that bankruptcy is in some cases not an economically sensible option.

If one of your creditors is the ATO (for unpaid taxes), then your tax refund will likely be taken by the ATO whilst you are bankrupt to add toward your tax bill. If you don't have a tax bill then you will keep your tax refund provided that doesn't take you over your threshold income restrictions.

If you feel like when it comes to Bankruptcy, your case is more challenging, then please get expert advice in Geraldton. I may seem like a broken record, but keep in mind that it's always a great idea to work through these options before declaring bankruptcy, since once you have filed the paperwork it's far too late to change your mind.

If you want to find out more about what to do, where to turn and what issues to ask about Bankruptcy, then feel free to contact Bankruptcy Experts Geraldton on 1300 795 575, or check out our website: bankruptcyexpertsGeraldton.com.au.

Bankruptcy in Geraldton - Are you going to get bitten?

When people in Geraldton ask me about Bankruptcy, I tell them the classic Native American Fable of the little boy and the Rattlesnake. An old rattlesnake asks a passing young boy to carry him to the mountain top to see one last sunset before he dies. The boy was reluctant, but the rattlesnake promised not to bite him in exchange for the ride. They journeyed together only for the snake to in the end bite the boy despite his assurance not to do so. The snake's response was 'You knew what I was when you picked me up.

Asking for the right financial advice in Geraldton when it relates to Bankruptcy is a lot like that little boy's encounter, filled with risk and danger, and normally skewed for the benefit of the individual presenting the advice. Often you'll get bitten except if you know what you've picked up before you move forward (avoid the rattlesnakes). I learned the problem with receiving financial advice as a teenager, and it has been key to Bankruptcy. I'd been working hard for a few years, and saved up a little bit of money I wanted to invest. It was the early 1980s so interest rates were rather high and investing your money was rather profitable. I spent a few years researching various investment options, and I went to visit a few financial advisors. It was crystal clear that they had more money than I did: they had great suits and plush offices, they all seemed to exude confidence and have all the answers. What hit me was that they all had an extremely different idea of what I should do. This baffled me a lot that it put me off the entire idea of choosing any of them.

I'm sure currently you have read more than enough on the internet to be totally mixed up about Bankruptcy and what to do. It would undoubtedly be easier for me to help you comprehend the nature of the financial snakes you might be grabbing while you are trying to get to the bottom of your financial concerns in Geraldton. Basically, you have to try and figure out what your overarching options are, do your own research into where to proceed with your plan for Bankruptcy, and then approach the things you feel is best in Geraldton for your needs. Basically, you have 3 options for who to turn to.

The first option is a Solicitor - This may appear like the go-to option when you appear to be in trouble. But there really is only just so much assistance they can give on this matter. There are absolutely specialist legal advisors in bankruptcy, but their expertise comes with a hefty price.

Another possibility you may consider is your accountant - they are incredibly helpful and vital to the process of operating your business, but for the most part, when you are thinking of Bankruptcy, your accountant won't be much help to you anymore.

Your best bet? A Financial Counsellor that can outline debt consolidation, personal insolvency agreements, and virtually all you have to understand when it comes to Bankruptcy.

If you wish to learn more about what to do, where to turn and what questions to ask about Bankruptcy, then feel free to call Bankruptcy Experts Geraldton on 1300 795 575, or visit our website:bankruptcyexpertsGeraldton.com.au.

Bankruptcy in Geraldton - Choices, Choice, Choices

When it comes to Bankruptcy Geraldton, there are a lot of choices that we get given depending upon who we are, who we talk to, and what exactly has gone wrong. One of the most common trouble I see with Bankruptcy is when it comes to choosing between Debt Consolidation, Personal Insolvency Agreements, and Bankruptcy itself.

Should I consolidate my debts?

When it comes to Bankruptcy in Geraldton, a lot of the facts you receive on this subject will reflect the interests of the advice giver. That is why, if you call a debt consolidation provider, I can promise you they will tell you to consolidate your debts. The debt consolidation industry is a multi-billion dollar industry making money in one very basic way: charging you a fee for assisting you wrap most of your credit card and personal loans into a single neat and tidy bundle.

I hate to tell you this but these people aren't going to be doing it for free. Please don't misunderstand me: if you believe your financial problems in Geraldton might be fixed by paying less interest, then go ahead and consider the possibilities. Even a small amount of interest saved over years quickly adds up.

More often than not I find if you are reading this blog you've probably attempted to consolidate your debts already and come to the following realisations such as these:

• Your credit rating is not good, and your credit file already has nonpayments on it so not a single person will offer you a loan, consolidated or otherwise,.

• By the time you work all of it out, you're so far down a hole that saving on a bit of interest just won't make a lot of difference,.

• You've most likely arrived at the stage where you've had more than enough, you're mentally exhausted, you can't go on one more day ignoring blocked calls on your phone, ignoring the demands in the mail etc.

Personal Insolvency Agreements

So when it comes to Bankruptcy in Geraldton, what's the huge difference between a Debt Agreement and a Personal Insolvency Agreement?

Overall flexibility is the main point Personal Insolvency Agreements (PIA) have in their favour. They're also administered by a registered and - may I add - regulated trustee featuring the government trustee ITSA, and not a private agency that advertises on TV. Ultimately this method is similar to Debt Agreements (DA): The trustee has a meeting with the people you owe money to and they mediate a deal in your place. You can offer a lump sum settlement figure or take part in a payment plan, or perhaps you can offer them assets rather than cash. This might sound alright when it comes to the issues with Bankruptcy - that is until you realize that one of the difficulties with PIA's is that 75 % of the people you owe money to need to agree on the deal. If they don't, your plan is rejected or will have to be renegotiated.

Generally people you owe money really want all their money back and also interest. Sometimes they'll go for less than the amount you owe them - it's generally a percentage of the debt - but allow me to stress this part: because of all the variables involved in the negotiation process to put together a PIA its difficult to put a figure on what the people you owe money to will in fact settle for.

In many cases you'll have to pay back 100 % of the debt owed. This is not because your creditors are greedy or have a mean streak, it's because the administrators take 20 % of whatever is decideded upon with the people you owe money to. That applies whether you use a private company for this process or ITSA, the government body setup to administer to these PIAs.

When it comes to Bankruptcy and insolvency I've come across creditors settling for less 80 % on rare occasions, but that usually only occurs with a public company going into receivership owing huge sums of money (the kind that makes the news). If you are were owed $10million and you know the people who owe you the money have a team of brilliant lawyers and some very clever frameworks in place and they offer 5 % of the debt, you might take it and be grateful. Sadly, ordinary punters like you and me in Geraldton aren't going to get that lucky!

If you wish to learn more about what to do, where to turn and what questions to ask about Bankruptcy, then feel free to contact Bankruptcy Experts Geraldton on 1300 795 575, or visit our website:bankruptcyexpertsGeraldton.com.au.