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The table below is a guide only. Claims lodged in bankrupt estates will be considered by the trustee.
|
Type of debt |
Class |
Can I continue to demand payment from the bankrupt? |
What are my rights? |
|---|---|---|---|
|
Credit card, store card, etc |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Personal loan, business loan |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Trade creditor (no retention of title) |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Utilities (gas, electricity, phone (including mobile), internet, pay-TV) |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate. The Bankruptcy Act does not force you to continue supplying the bankrupt |
|
Unpaid employee entitlements (wages, leave) |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate. You may also wish to lodge a General Employee Entitlements and Redundancy Scheme (GEERS) claim (where the employer went bankrupt before 5 December 2012) or a Fair Entitlements Guarantee (FEG) claim (where the employer went bankrupt on or after 5 December 2012) |
|
Legal fees / accounting fees |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate or, if you have a lien over work you did, to exercise that security interest |
|
Medical fees |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Court-imposed fines |
Not provable and not extinguished |
Yes |
Fines are still payable during and after bankruptcy |
|
Court-ordered restitution amounts |
Provable and extinguished if the amount was fixed before the date of bankruptcy |
No, if the amount was fixed before the date of bankruptcy |
You have the right to lodge a claim in the bankrupt estate |
|
Pawn shop / pay day lender |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Child support / maintenance |
Provable and not extinguished |
Yes |
These debts are still payable during and after bankruptcy |
|
Unpaid rent |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Debts relating to property damaged when the bankrupt was a tenant |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Overdrawn accounts |
Provable and extinguished |
No |
You have the right to lodge a claim in the bankrupt estate |
|
Debts incurred after the date of bankruptcy |
Not provable and not extinguished |
Yes |
These debts are not provable in bankruptcy and can be pursued |
|
Debts incurred by fraud |
If provable, are not extinguished |
Yes |
These debts, if provable in bankruptcy, are not extinguished and can still be pursued |