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Personal Finance Tips – Financial Goals In Your 30’s.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

There’s no doubt that reaching your 30’s is a considerable landmark for all of us. While some of us may have bought a house, started a family, or even begun a new career, this decade of our lives has a significant financial impact for the years to come. For the majority of individuals, our financial commitments have perhaps grown and accommodating expenses and responsibilities with saving money for the future is more challenging than ever before.

The majority of us have dusted off the mistakes of our 20’s and learned a thing or two, however this decade of our lives is the time when we really should mature and genuinely think about our financial circumstances. We need to prioritise commitments, like our kid’s education and retirement savings, and take the most appropriate steps to obtain a prosperous financial future for you and your loved ones. Life can undoubtedly get more complex in your 30’s, however by concentrating on a few key aspects of your finances, your money doesn’t have to be nearly as complicated.

By making slight lifestyle changes, you can dramatically enhance your financial circumstance now and in the decades to follow, so here are some personal financial goals that everyone in their 30’s should contemplate.

Strengthen your emergency fund
Ideally you launched an emergency fund in 20’s, saving enough funds for several months’ worth of expenditures. This is a wonderful goal to accomplish in your 20’s, but making more money and having increased financial obligations in your 30’s signifies that your emergency fund becomes increasingly important. Finance specialists stongly advise that individuals in their 30’s should have at least 6 to 12 months of living expenses saved in their emergency fund. Don’t forget, moving back in with your parents is far more problematic in your 30’s, particularly if you’re a parent yourself.

Evaluate your insurance plans
Often, people’s circumstances change dramatically in their 30’s. You may have bought your first house, a new vehicle, or have started a family, so it’s necessary that you review your insurance policies so they’re up-to-date. It’s additionally a smart idea to have a look at income protection and life insurance combined with your current insurance plans. Even if your personal situation hasn’t changed in your 30’s, you should nevertheless assess your insurance policies several times a year to be sure you’re getting the best rates and premiums.

Boost your retirement savings.
Now is the time where you should start growing your retirement contributions, specifically if your employer features a salary sacrifice plan. Making voluntary super contributions is a terrific way to grow your nest egg, so if you receive a pay rise, look into using the supplementary income towards your retirement savings. As well as this, if you begin a new career or job, always see to it that use the same super account which will markedly reduce costs and maximise your retirement growth.

Live well below your means.
When you find yourself having more financial obligations, you should examine your budget and make sure you’re living well below your means. The key to improving your wealth is to increase the gap between what you earn and what you spend. You’ll likely need to decrease some expenses like eating in restaurants or cable television subscriptions, but the more money you save, the quicker you’ll accomplish your financial goals. It’s also recommended to look at percentage of income saved as opposed to dollar amounts, as this makes it much easier to ascertain which expenses can be minimised to ensure you’re always saving more than you earn.

Seek financial help sooner rather than later.
If you’re finding it difficult to meet mortgage repayments on time or you’re plunging deeper into debt, seek financial assistance immediately. Normally, the sooner you do something about it, the more choices will be available to you. Many people suffer financially for years before seeking help, and not only are they in a far worse position, but it is also completely unnecessary! There are many options available for those in financial difficulties, so if you require any financial help, talk with Bankruptcy Experts Bunbury on 1300 795 575, or visit our website for additional information: www.bankruptcyexpertsbunbury.com.au

Personal Finance Tips – Finance Goals For Your 20’s.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

There’s no doubt that your 20’s is a very unique phase of your life. There’s a timid but exciting feeling about becoming an adult, leaving home, and being financially independent. Whether or not you launched a career, a university degree, or spent time traveling overseas and gaining life experience, your 20’s is a momentous decade from both a personal and financial perspective. Whichever path you decide upon, the one constant that will continually remain in your life is money.

The point of the matter is, the earlier you start saving money and creating wealth, the better your financial condition will be in the upcoming years. Regardless of whether you wish to get married, start a family, or invest in a house, there are certain financial targets that every person in their 20’s should strive to accomplish in order to secure a better a future. In this blog, we’ll be taking a closer look at these targets and how you can begin constructing healthy financial habits.

Set up a budget
Building healthy financial habits begins with learning how to budget. Being able to spend less money than you make is the key to saving money, so start taking control of your finances by creating a budget and following it! With a pen and paper, write down your monthly income and costs. Take a look at your expenses to see which can be reduced, or which can be eliminated totally. Some ways to lessen your expenditures are electing to eat at home rather than eating out and transferring your Cable subscription to streaming services like Amazon instead.

Remove your debts
Whether or not you’ve travelled overseas or have student loan debts, the quicker you repay these debts, the better. Interest compounds over time, so repaying your debts by cutting spendings or working a 2nd job may save you thousands of dollars in only a number of years. These savings can then be invested in a high-interest term deposit for example, which will place you in a far better financial position than just making the minimum monthly repayments on your debts.

Develop an emergency fund
Life rarely works out the way you planned, so it is vital to be prepared for any abrupt changes that may be needed. You could find yourself out of work, or in an unfortunate incident that stops you from working, so having an emergency fund will be able to give you a bit of breathing room when you need it the most. Financial specialists advise that all individuals should have a dedicated emergency fund that is capable of supporting their living expenses for three to six months.

Be insured
Insurance protects you financially from any adverse consequences, for instance income insurance in case you lose your job, medical insurance for unplanned medical expenses, and vehicle insurance in case your car is stolen. While it’s not necessarily a good idea to get every type of insurance available, it’s unquestionably a smart idea to review your individual circumstances to see which is best suited to you. For example, medical insurance is strongly recommended for everybody due to the high costs of uninsured medical treatment. Without insurance, an unplanned incident may lead to considerable damage to your financial situation.

Invest in a diversified portfolio
If you’ve been able to save a certain amount of money that is otherwise sitting idle in the bank, consider investing this money in a high-interest term deposit. After you’ve got more money saved, think about buying some property, or investing in gold. The key to a well-founded investment portfolio is ‘diversification’, meaning that you manage the risks of investment by putting your eggs in different baskets, so to say.

Get financial help as soon as possible
If, for whatever reason, you’ve found yourself in financial turmoil, the best advice is to seek financial assistance immediately. Too many individuals wrestle with financial complications for many years before seeking help, which puts them in a worse position as their debts will only compound as time passes. The sooner you get financial advice, the more options are available to you, so if you need any assistance with your financial position, speak with the professionals at Bankruptcy Experts Bunbury on 1300 795 575, or visit our website for additional information: www.bankruptcyexpertsbunbury.com.au

How You Can Save Money On Food

All of us pass through phases in life where money is tight. Thankfully for us, there are specific expenses that we can easily eliminate, like cable television, gym memberships, and eating out at restaurants. On the contrary, there are other costs that we simply can’t avoid. Rent, debt repayments and school fees are just a few of the necessary expenses that are fixed and there’s little we can do about it. Having said this, there is one necessary expense where we can all save a good deal of money; and that expense is food.

Having performed some research, I’ve found there are a range of ways in which we can all save on food expenses. Of course, dining out at restaurants is much more costly than eating at home, but I’m talking about saving money on your weekly grocery bills. You’ll be amazed at just how much money you can save by following some general guidelines, so here are some useful tips that can save you thousands of dollars every year on your food bills.

Plan your meals and prepare a shopping list
Have you ever needed to throw away food simply because it’s past its expiry date? I know I have! By planning every meal of the week, you can make sure that you only spend money on food that is really needed. Take a look in your pantry to see what ingredients you currently have, which ingredients you need to buy, and prepare a list of all the ingredients you’ll need for the following week.

A lot of us are regretful of impulse buying at the supermarket, so planning your meals and sticking to the ingredients on your list will considerably diminish any impulse buying. Remember to always keep a pen and paper in the kitchen, so when you run out of a certain ingredient, you can write it down immediately and possibly eliminate a 2nd trip to the supermarket. And always shop for food on a full stomach!

Don’t bring your children to the supermarket
Often it can be hard to organise, but if you go grocery shopping when your children are at school or in the evening when someone can babysit them, you’ll save heaps of money. Not only can you shop faster, but you don’t have to exhaust your energy by saying ‘NO’ to your children every aisle. Generally this can be overpowering, so lots of people will give in occasionally, and these unneeded items will aggregate over the year a lot more than you’d imagine.

Go shopping in the evening
Speaking of shopping in the evening, you’re more than likely to find the best prices at this time of day. Big grocery stores will commonly discount products when they’re overstocked, and perishable goods like bread, fruit and veggies will also likely to be discounted. While it may appear to be a little bit cruel after a long day, you can bag a lot of bargains by shopping in the evening.

Buy in bulk
It should come as no surprise that buying in bulk will save you money, especially on discounted items. Be cautious though, you don’t want to buy too much and throw away food, but always bear in mind that you can cook meals and freeze them for later in the week (or month). Butter, cheese, and bread will last as much as three months in the freezer, and meat will normally last up to six months. Just be sure you have enough room in your freezer first!

Have a go at discounted grocery stores
Discounted supermarkets like Aldi will always have items that are less costly than the supermarket giants like Woolworths and Coles. Conversely, some goods will be more costly, so try finding bargains at discounted grocery stores before heading to your normal supermarket. While you may not recognise some of the brands, the quality of the food is basically the same. The design is also different, so it may take a bit of getting used to, but if you wish to save money on food then this is a terrific idea.

If you’re encountering financial problems, always keep in mind that there are basic ways to save a considerable amount of money on one of your largest costs. By making some minor changes together with a dash of discipline, you can potentially save thousands of dollars each year on your grocery bills.

If you discover that your financial situation is still worsening, it’s always better to seek financial advice sooner rather than later. Talk with the professionals at Bankruptcy Experts Bunbury on 1300 795 575, or visit our website for more financial advice: www.bankruptcyexpertsbunbury.com.au

Top Ways To Save Money And Enhance Your Life

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In today times, saving money is a goal that everyone wishes to accomplish, yet generally it can be a complicated task for many families. Rental payments, bills, food, and everyday necessities add up rapidly, leaving most households with little to no savings. Managing to save money and enhance your life seems to be a paradox, as we typically associate a better life with spending more money! In spite of this, small lifestyle adjustments can have an impressive effect on your savings balance with time, and investing these savings sensibly will definitely improve your life in the long-run. All it takes is some willpower, commitment, and education.

With the new year upon us, now is an ideal time to analyse your financial situation and plan to track your spending patterns and cut down on nonessential expenses. After all, saving money means earning greater than you spend, so here are the top ways you can save money in the new year to ensure a better future for you and your family.

Examine your financial circumstances
If you don’t understand your financial situation, then there’s virtually no way that you can improve it! Having the ability to make practical financial decisions starts with knowledge and understanding where your money is being spent. The majority of the time, it’s complicated to monitor our expenses, so it’s a wise idea to start keeping your receipts and overviewing your expenses weekly to acquire a better understanding of your spending habits. This is the most essential step in being able to save money. Now, let’s look at some specific money saving practices.

Food
Saving money on food is a lot easier than you would imagine. The trick is to plan your meals a week in advance before you go to the grocery store. Once you’ve planned your meals and the related ingredients, write a list and stick to it! Don’t go grocery shopping starving either, that’s a sure way to spend needless money impulsively. It’s also a clever idea to have a paper and pen in the kitchen, so when you run out of a certain ingredient, you won’t need to make a second trip to the grocery store in case you forget.

Electricity
Electricity is another practical way in which you can slash costs by making some minor changes. The most beneficial way to save electricity is by turning off appliances at the power point when you’re not using them. While the appliances aren’t being utilised, an active electricity socket continues to use electricity, and these costs can really build up as time passes. Alternative ways to save on electricity is to use fans as opposed to air conditioners, turning off lights that aren’t being used, using hot water bottles rather than electric blankets, and using a clothes line as opposed to a dryer.

Entertainment
All of us need to let off some steam after a hard day’s work, so a glass of wine and some cable television suffices for the majority of people. Having said that, cable TV is an enormous expense that is barely used to its full capacity. Consider switching to streaming services like Netflix or Hulu which cost somewhere around $10 a month in contrast to the standard $70 a month for cable television. That’s a saving of over $700 a year alone. In addition, instead of eating in restaurants with friends once a week, try hosting a dinner night where everyone brings a dish and their beverage of choice. You can rotate hosts, save stacks of money, and never need to be concerned about being too loud!

Invest your savings
While the above techniques are far from comprehensive, saving money by making slight changes gives you more financial options to enhance your life. You could use these savings to indulge in a family holiday once a year, or you may wish to invest your savings in a diversified investment portfolio. Whatever you chose, the fact of the matter is that we can all make small sacrifices to save money which can be used to improve our lives.

Struggling with Debt?
If you’ve found yourself in a position where you’re endlessly battling with debt and can’t see any way out, there are a handful of options available for you. You don’t have to live your life in fear and stress, and the faster you act to repair your circumstances, the more solutions will be available for you. If you need professional advice on any financial distress that you’re currently facing, don’t wait any longer. Get in contact with the specialists at Bankruptcy Experts Bunbury on 1300 795 575, or visit our website for more information: www.bankruptcyexpertsbunbury.com.au

New Year’s Resolution – Improving your Financial Health

The New Year is obviously an excellent time to reflect on the previous year and make some resolutions to improve ourselves. Lot of people’s resolutions centre around being healthier, enhancing their career, or improving their financial circumstances. Now all of us know how challenging it can be to keep our New Year’s resolutions, so it is vital that you make sensible, obtainable goals that can be achieved with a certain degree of determination and self-control.

If you’ve determined that you want to improve your financial health in 2018, there’s a decent amount of preparation and planning involved. To attain considerable financial improvements in your life, it’s pivotal that you address only the things you can control and to examine your progression continously. To give you some ideas on how you can do this, the following outlines some recommendations that you should follow if you wish to enhance your financial well-being in the following year.

Set clear financial goals
Research reveal that merely writing down goals noticeably increases the probability of you reaching them. In a financial sense, writing down individual goals with an expected timeline not only increases the probability of you reaching these goals, but you’ll additionally understand what is most important to you.

Certain financial goals, such as retirement, may require the help of a financial planner, but there are many simple, plausible goals that you can plan on your own, like purchasing a vehicle, saving for a home deposit, or creating an emergency fund for a rainy day. It is vital that you take small steps to achieve these goals, and examining your progress on a regular basis is the key to success.

Increase your savings
Most people don’t know how much money they save every year, so it is very important that you set an actual dollar amount that you wish to save for the upcoming year. Regardless of whether you achieve this goal or not isn’t the issue, the fact that you’re setting specific goals and planning ways to reach these goals is the most important aspect.

Simple ways to increase your savings account is to increase your superannuation payments (and possibly Government payments), or organise an automatic deposit into an emergency fund or high interest savings account each week. Regardless of how you do this, increasing your savings will enhance your net worth and general financial health.

Track your spending
Understanding just how much you spend each month is essential in having the ability to increase your financial health. Keeping every bill and receipt and manually generating a spreadsheet is one way to do it, but there are some wonderful apps that track your spending on the go, giving you a precise indication of how much you’re spending with hardly any effort required.

ASIC’s TrackMySPEND app (https://www.moneysmart.gov.au) is a credible and effective tool that helps you realise your typical monthly and annual spending, so you can better plan and achieve your financial goals. If this doesn’t suit you, there are plenty of other apps available, so don’t be afraid to test a couple to see which is best for you.

Evaluate your mortgage and insurance policies
Reviewing your mortgage and insurance policies is an excellent way to increase your savings. For example, you should be inspecting how your current home loan and insurance policies compare to other providers on an annual basis. Lenders change their policy structures frequently, so chances are you can get a better deal if you do a bit of homework.

Even small decreases in interest rates can save you thousands of dollars annually, so it’s undoubtedly worth the effort! If you find a better package elsewhere, don’t hesitate to ask your existing provider to match it, and similarly, don’t hesitate to switch providers if they don’t. There’s lots of online resources which can thoroughly guide you through this process.

Seek advice promptly if you’re experiencing financial trouble
Improving your financial health doesn’t always equate to increasing your savings and emergency funds. Lots of people suffer through years of stress from financial problems without realising that there are a number of options available to them to boost their financial wellbeing.

If you’re experiencing any financial suffering, the sooner you seek professional advice, the better your recovery options will be. For any advice regarding your financial circumstances, don’t hesitate to talk with Bankruptcy Experts Bunbury on 1300 795 575, or visit our website for more information: www.bankruptcyexpertsbunbury.com.au

Tips on how to Rebuild Your Credit Rating After Bankruptcy?

Congratulations! You’ve successfully served your 3 year period of bankruptcy and have been discharged, so what now? You’ve undoubtedly taken the right steps to address your financial problems by declaring bankruptcy, and all your debts are well behind you now. However, there’s still plenty of work involved to get your finances back on the right track. The major issue that discharged bankrupts encounter is their ability to borrow money, and the main reason for this is their poor credit rating.

For the previous three years, you’ve had no debts to pay back so your credit history has nothing to show other than a bankruptcy mark against your name. There’s been no movement on your credit report, so a blank page will make lending institutions reluctant in lending money to you solely because they can’t analyse your repayment behaviours. Repairing your credit history is the best way to get your finances back on course, and make your recovery process as smooth as possible.

The best ways to rebuild your credit report after discharge?
Due to the fact that loan providers haven’t been able to assess your financial management skills for the last 3 years, you will want to begin displaying healthy financial habits. Here’s a list of ways in which you can do this

1. Stable employment
Acquiring regular and ongoing employment is a great way to increase your financial security and show banks and financial institutions that you have a regular stream of income. Regular employment will enable you to increase your savings and bolster your overall financial circumstances, resulting in a better credit rating.

2. Increase your savings balance
Your savings account is an asset, so increasing your savings balance with time will illustrate to lending institutions that you are financially responsible and are capable of making loan repayments. By putting money into a dedicated savings account every month, even a small amount, will improve your credit history.

3. Limit your credit applications
Every time you request a line of credit, it is registered on your credit report, so excessive credit applications can negatively impact your credit history. After being discharged, it’s vital that you are realistic and mindful about the kinds of credit you apply for to increase the likelihood of approval. It’s best to apply for a single line of credit at once, and always remember that secured loans and options with a guarantor or joint accounts will increase the probability of approval.

4. Consider a term deposit
If you’ve had the opportunity to save money throughout your bankruptcy period, consider investing some of it into a term deposit account. Not only will you accrue interest and enhance your overall financial position, it will likewise show financial institutions that you are financially responsible. As a result, the likelihood of obtaining a loan will be increased which leads to an improved credit rating.

5. Always make repayments on time
One of the most important things you can do as a discharged bankrupt is to make any kind of repayment on time. Whether it’s your electricity, rent, or even a secured loan in your name, making these repayments on time will evidently improve your credit report and increase the confidence that loan providers have in your financial management skills.

6. Don’t hesitate to talk to financial institutions
If you want to apply for a line of credit after your bankruptcy period, or find out what types of options are available to you, don’t be reluctant to speak with banks or other financial institutions to review your circumstances. They are in the best position to advise of your eligibility, and provide recommendations on what options would work best for your personal situation.

Be careful with credit repair agencies
There are a lot of credit repair companies that will make all kinds of promises to improve your credit record. Whilst many of them are useful in challenging any incorrect listings on your credit record, they may not be able to do anything else to improve your credit report. The Government’s MoneySmart website (https://www.moneysmart.gov.au/) advises discharged bankrupts to be “very careful” of these companies due to the fact that they “may not always be able to do what they claim they can”.

If you require any advice in repairing your credit report, or have any inquiries regarding your recovery process after bankruptcy, it’s always best to seek advice from qualified professionals. Get in touch with Bankruptcy Experts Bunbury on 1300 795 575, or alternatively you can visit our website for further information: www.bankruptcyexpertsbunbury.com.au

4 Money Saving Ideas This Christmas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Christmas can be a wonderful time of year. Spending quality time with your family, going on holidays, offering presents to loved ones, and surely the noble Christmas lunch! It’s indeed a time for giving, and with this comes expenses. It’s very easy to go overboard with family holidays, gifts, and delicious foods; to let your hair down and indulge in the spirit of Christmas. The bottom line is, though, that the silly season eventually passes and a lot of us are left with the strain of substantial credit card balances. Some families spend months trying to pay off their Christmas debts, while others end up in much deeper water.

While some individuals have the financial capability to shower their loved ones with costly gifts and lavish festivities, many of us need to be conscientious to spend within our means so our Christmas joy can continue smoothly into the New Year. So with this being said, I want to share with you some useful ways of celebrating Christmas, without breaking the bank.

1. Set a Budget

Even though it may sound cliché, it’s extremely important that you determine a budget and follow it. Compose a list of all the presents you’ll be giving and calculate the total amount. The majority of the time, it will be much more than you envisioned. Use this as incentive to think outside the box (pardon the pun!) and make some adjustments so you can stick to your budget. You could have a garage sale and sell things that aren’t being used any longer, talk with friends and family about a setting price limit for gifts, or even think about making gifts yourself! ASIC has launched a wonderful app to track your Christmas spending called TrackMySPEND (https://www.moneysmart.gov.au/) which I’m confident many of you would find valuable.

2. Shop Online

Even though many individuals find pleasure in strolling through department stores and basking in the gorgeous Christmas displays, almost all the same products are offered on the internet at more affordable prices. Take advantage of comparative shopping websites like Google Shopping, Nextag, or PriceGrabber to locate what you’re looking for. These websites are remarkably competitive and will almost always have discounts that can save you a bundle. Despite the fact that shopping online will be more affordable, you need to take extra precaution to ensure you get what you paid for.

3. Rethink your Christmas Cards

If you are among the many families who send Christmas cards to all your family and friends, you’ll comprehend that the costs of this exercise can be relatively expensive. It’s no surprise that only a few of your family and friends will actually keep these cards so it’s basically just money down the drain. Instead, why not send a family Christmas video message online? There are heaps of apps on smart phones and tablets that enable you to send quirky and entertaining Christmas videos that can be delivered digitally at no cost at all. Additionally, you can always make your own Christmas cards with personalised messages and have your kids draw pictures to make them super special!

4. Wrapping Paper

An artistically wrapped gift can make a significant difference, even with the cheapest of presents. Christmas paper can be fairly costly, so contemplate buying plain brown paper and adding a festive ribbon from a craft shop which will look a lot better than Christmas paper. You can even re-use brown paper bags that are normally given at clothing stores. On the other hand, consider purchasing plain gold, red, or green paper which can also be used as birthday presents throughout the year. Don’t forget, certain department stores will wrap your gift for free, so don’t be afraid to ask!

As you can see, Christmas festivities doesn’t need to break the bank. Unfortunately, however, many individuals spend beyond their means and end up in financial hardship in the New Year. If you end up in this position, it’s better to seek professional advice sooner rather than later. There are many solutions available to you; all you need is the right advice. For any support on financial difficulties, reach out to the specialists at Bankruptcy Experts Bunbury by calling 1300 795 575, or alternatively visit our website for further information: www.bankruptcyexpertsbunbury.com.au

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Everything you will want to know about Bankruptcy Notices

bankruptcy

If you have acquired a bankruptcy notice or court order you must act rather quickly to reduce future grief. Owing somebody money regarded here as a creditor, can be any individual or company to whom you owe money. If you’re unfit to pay money to a creditor, the creditor will connect with the Australian Financial Security Authority (AFSA) who will in turn dispense a bankruptcy notice requesting payment of that money.

As you would expect, there is a threshold to the level of money owing to creditors before they can phone the AFSA, and the minimum amount is $5,000. As soon as the creditor has obtained a final judgment, AFSA will issue you with a bankruptcy notice.

It’s essential that you take timely action if you receive a bankruptcy notice from the AFSA. You will commit an ‘act of bankruptcy’ if you fail to do any of the following:

  • Adhere to the bankruptcy notice in less than the requested timeframe specified on the notice (normally 21 days); or
  • Apply to the courts to ask for the bankruptcy notice be cancelled or set aside within the timeframe described on the notice (normally 21 days).

Committing an act of bankruptcy suggests that you give your creditor the authority to apply to the Federal Circuit Court for a sequestration order, or in other words, an order that will make you lawfully bankrupt.

How does a Bankruptcy Notice get served to me?

A bankruptcy notice can be served to you in a number of ways; it may be validly served to you individually, by normal post, or hand delivered to your registered address. In several scenarios, a bankruptcy notice could be served in an electronic form, either using email or fax.

If it’s not achievable for a creditor to serve a bankruptcy notice using any of the above means, a court order can be acquired which enables creditors to serve the bankruptcy notice in a separate way.

I have a bankruptcy notice, now what?

To abide by a bankruptcy notice, you must do one of three things:

  1. You must pay in full the amount stated in the bankruptcy notice; or
  2. Set up an agreement with the creditor, for example a payment plan over a specified time period. The creditor must accept the payment arrangements conditions. It’s always advised that the agreement is made in writing so you have proof of the agreement.
  3. Get some insolvency advice. At this point, you must not delay and get some help. If you have a notice of bankruptcy, just call us here at Bankruptcy Experts Bunbury on 1300 795 575 for a Free Consultation.

It is very important to note that all of these actions must be taken inside the timeframe stipulated in the bankruptcy notice (usually 21 days from the date of the notice).

Can I get my Bankruptcy Set Aside?

If justified, you can apply to the court to have the bankruptcy notice set aside or cancelled. This should never be taken lightly however, because if there are unsatisfactory grounds to make an application then you will be under obligation to pay all the creditors legal expenses which only inflates the debt you owe to them.

If you do apply for your bankruptcy notice to be set aside, it’s always a clever idea to request that the court prolongs the timeframe for compliance with the bankruptcy notice, so you steer clear of committing an act of bankruptcy while the court processes your application. To put it simply, don’t leave it to the eleventh hour.

To have your bankruptcy notice set aside, one of the following conditions must apply:

  1. The debt claimed on the bankruptcy notice does not exist;
  2. There is a defect in the bankruptcy notice;
  3. You have grounds for a counter-claim, cross demand, or set-off, equal to or exceeding the sum of debt issued in the bankruptcy notice; or
  4. The bankruptcy notice is an abuse of process.

What if the debt claimed on the bankruptcy notice does not exist?

To verify that the debt claimed on your bankruptcy notice does not exist, you need to present evidence that:

  • You have in fact paid the creditor the amount owing under the order or judgement; or
  • You have appealed the order by commencing proceedings to set aside the order or judgement.

In your application to set aside the bankruptcy notice, you can not simply say that you have an authentic argument to do so. You must have already filed the proper documents with the court that handed down the order. Further, you must have the ability to produce evidence to the Federal Circuit Court that displays that you have an authentic case for grounds of appeal.

Secondly, if you do not initiate the process of setting aside the judgement or order before filing your application to set aside the bankruptcy notice, the Federal Circuit Court will not have the capacity to extend the timeframe for compliance under sections 41( 6A) and 41( 6C) of the Act. For this reason, you will have committed an act of bankruptcy.

What is a Defective Bankruptcy Notice?

A defect in the form or content of the bankruptcy notice appears when the creditor has failed to satisfy the requirements of the Act, in which case you might have grounds to request the bankruptcy notice to be set aside. Some defects are more arduous than others, and not all defects will make a bankruptcy notice invalid as these defects can be mended at the discretion of the court under s 306( 1) of the Act.

Often, the defect must be serious or inflict confusion over the actions you must take to fulfill the bankruptcy notice for you to have the capacity to set aside the bankruptcy notice.

There are some critical requirements of a bankruptcy notice and if these requirements aren’t met, the bankruptcy notice will consequently be void. The following provides some examples where these essential requirements have not been met:

  • The creditor’s address on the bankruptcy notice needs to make it reasonably practicable for the debtor to make payment (e.g. PO Boxes may not be suitable);
  • The creditor’s and debtor’s name on the bankruptcy notice must match the creditor’s and debtor’s name in the order or judgement;.
  • Attached to the bankruptcy notice must be a copy of the judgement or order;
  • It is a requirement that there is a timeframe for compliance included in the bankruptcy notice;
  • If the creditor is claiming interest on the debt owed to them, the calculations must be itemised in an independent document attached to the notice; and.
  • If any part-payments made by the debtor, or any other allowed reductions, the total amount of these deductions must be detailed in a separate document attached to the notice.

The following outlines some situations where bankruptcy notice defects have not been substantial enough to make them invalid:

  • Failure to include the ACN of the company who is the creditor; and.
  • The creditor’s address is listed as the address of their solicitors (presuming payment can be reasonably made to this address).

There are several other legal requirements that should be noted. These include:

  • The order or judgement must be at least $5,000, not including any post judgement interest being claimed by the creditor;
  • A bankruptcy notice can still be issued if the total amount is below $5,000, provided that the total amount was greater than $5,000 when the order or judgements were pronounced;
  • A bankruptcy notice must be founded on a final judgement or order that is currently owing to a creditor under s 40( 3) of the Act. A final judgement is defined as a judgement which finally disposes of the rights of the parties involved;
  • A bankruptcy notice must be served with six months of its issue. The only exception is if the Official Receiver (reg 4.02 A) has lengthened this timeframe;
  • The final order or judgement must not be stayed both at the time of issue of the notice and the time of its service. If a stay of execution is granted after service, it has no bearing on the bankruptcy notice;
  • An overstatement of the amount claimed to be owed to a creditor does not revoke a bankruptcy notice, except if the debtor contests the validity of the notice inside the timeframe for compliance (s 41( 5)); and.
  • The order or judgment on which the bankruptcy notice is based can not be greater than six years old (s 41( 3)( c)).

Under what grounds could I counter-claim, set-off or cross demand?

To succeed using the grounds of counter-claim, set-off or cross demand, you will have to effectively demonstrate to the court the following two items:

  1. The counter-claim, set-off or cross demand is equal to or in excess of the total amount claimed by the creditor in the bankruptcy notice. You must also satisfy the court that these claims are certified and have a reasonable possibility of succeeding; and.
  2. The counter-claim, set-off or cross demand was not set up in the proceeding where the creditor obtained the judgement on which the bankruptcy notice is based upon. Failure to benefit from the opportunity to counter-claim, including any negative personal circumstances (for instance lack of evidence or legal counsel), will not be sufficient.

What is an Abuse of process?

An abuse of process materialises if you can demonstrate that the reasons behind the bankruptcy notice is to pressure you to pay a debt, instead of a real effort by the creditor to invoke the court’s jurisdiction in connection with insolvency. If the former holds true, then you will have the option to set aside the bankruptcy notice because of an abuse of process. To be successful using these grounds, you will need to produce evidence of collateral purpose or inappropriate pressure.

What If I think I have grounds to act on one of these items above?

If you feel that you have a case for one of the previously mentioned reasons to challenge your bankruptcy, you will need to get the following documents prepared, filed, and served to apply for your bankruptcy notice to be set aside:.

  1. Application (Form B2); and.
  2. Affidavit.

Application.

You can get the requirements for an application to set aside a bankruptcy notice in rule 3.02 of the Rules. You can either request a final order or an interim order.

Final orders must specify the ideal outcome you wish to receive and the legislative basis which the court can grant this decision. An example of a final order might be: “That bankruptcy notice (BN00231) issued on 15 June 2017, which was served to me on 1 July 2017, be set aside under section 30( 1) of the Bankruptcy Act 1966.” You would also have to supply a copy of the bankruptcy notice with your application.

On the contrary, an interim order needs to describe any outcomes you wish before the application is finally decided upon, and the legislative basis which the court can approve this decision. An example of an interim order could be: “The time for compliance with bankruptcy notice (BN00233) be increased up to and including 7 days after the outcome of this application by the Court under section 41( 6A) of the Bankruptcy Act 1966.”.

Affidavit.

If you want to make an application, it must be accompanied by an affidavit which summarises the grounds of your application along with the date the bankruptcy notice was served to you. If you’ve already made an application to set aside the judgement of the bankruptcy notice, a copy of this application/s also needs to be attached. It’s essential that your affidavit must adhere to rule 3.02 of the Rules, or else your application may be turned down and your request for an extension of time to satisfy the bankruptcy notice may not be granted.

Filing your application.

When your documents are finalised, they will need to be filed with the courts either online or personally at the Federal Circuit Court Registry.

There is a lodging fee that will need to be paid, however in certain scenarios you can apply for a waiver of this fee.

Serving your documents.

Once you’ve lodged your application and affidavit and they have been stamped, you must personally serve these documents to the creditor within three days after the documents have been lodged.

If you are an individual, you must personally take the documents to the individual identified on the document and give it to them. If they decide not to receive the documents, the individual serving them may place the document in the presence of the person to be served and verbally instruct the individual what the documents consist of.

If you are a business, you must personally go to a registered office of the company and hand the documents to a person servicing that company. You don’t need to present the documents to the organisations principal business, the Australian Securities and Investment Commission (ASIC) will provide you with a list of that businesses registered addresses.

If you would prefer someone else to serve the documents, you can get a bailiff of the court or a process server to serve the documents for a cost.

Financial Advice.

If you’re not clear whether you have grounds to set aside the bankruptcy notice, or you’re unclear whether you should devote the time and money to apply because of financial reasons, get in touch with Bankruptcy Experts Bunbury on 1300 795 575 for free advice. Additionally, you can visit our website for additional details: www.bankruptcyexpertsbunbury.com.au

 

Australias Household Debt Crisis Looms

Australia’s Household Debt Crisis Looms

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Today in the news, former economics advisor John Adams advised that Australia is too late to avoid an ‘economic apocalypse’ even after his incessant warnings to the political elites in Canberra. He proceeded to implore the Reserve Bank to raise interest rates to avoid household debt getting further out of hand.

This bubble is easy to illustrate. Confidence! It’s the unfounded perception that Australia’s last 20 years of sustained economic growth will never experience any type of correction is most disturbing. Australia survived the GFC and a mining boom and bust. At the same time, Sydney and Melbourne house prices have not missed a beat or taken a backward step. Sadly, the decision makers and powerful elite in this country reside in these two cities, and see Australia’s economic challenges through a totally different lens to the remainder of the country. It’s a two-speed economy spiralling out of control.

I acknowledge that this impending crisis isn’t just as straightforward as house prices in our two biggest cities, however the median house prices in these cities are ever rising and contribute considerably to overall household debt. The boffins in Canberra appreciate there’s an enflamed house market but appear to be loathed to take on any serious steps to correct it for fear of a house crash.

As far as the rest of the country goes, they have a totally different set of economic concerns. For Western Australia and Queensland specifically, the mining bust has sent real estate prices sinking downwards for years now.

One of the signs that demonstrate the household debt crisis we are starting to see is the increase in the bankruptcy numbers throughout the entire country, specifically in the March 2017 quarter.

(source: https://www.afsa.gov.au/about-us/newsroom/media-release-regional-personal-insolvency-statistics-march-quarter-2017).

In the insolvency sector, we are discovering the destructive effects of house prices going backwards. Though it is not the fundamental cause of personal bankruptcies, it most certainly is a vital factor.

House prices going backwards is just part of the dilemma; the other thing is owning a home in Australia enables lenders to put you in a very different space as far as borrowing capacity. Simply put, you can borrow a lot more if you are a home owner than if you are not a home owner. I bankrupt people everyday and the extent of debt fluctuates dramatically from the non-home owner to the home owner. Lending is based on algorithms and risk, so I suppose if you own a home you’re more likely to have reliable income and less likely to wind up bankrupt, so consequently you can borrow more. If you own a home in Melbourne or Sydney, you’re a safer risk than if you own a home in Mackay, simply due to the fact that in one area the median house prices are booming and the other is going backwards, as it’s been doing so for years.

In conclusion, it seems we are running into a wall at full speed, and there are not too many people suggesting we slow down. If you want to know more about the looming household debt crisis then give us a ring here at Bankruptcy Experts Bunbury on 1300 795 575 or visit our website to find out more: www.bankruptcyexpertsbunbury.com.au

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ATO Debts Becoming Unmanageable? Notice to all ABN holders, your ATO Debts may now harm your credit rating. Beware of ATO Bankruptcy!

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There is sad news for business owners who have an ATO debt from 1 July 2017. Small businesses will want to be careful of ATO Bankruptcy since the ATO may divulge information of your tax debts to credit reporting agencies such as Veda Advantage and Dun & Bradstreet. This will make it much more arduous for small businesses to attain credit, potentially incapacitating them. How could this affect you? You may be affected if you fit into one of the following three categories:

  1. Have an ABN (i.e. you own a business and/or you are a contractor);.
  2. Have past debts with the ATO that are above $10,000 and are more than 90 days overdue; and.
  3. You are not in any type of payment arrangement with the ATO.

Just so you’re aware, the ATO must first notify you before they unveil your debt information to any credit agency.

If your ATO debts seem to be getting out of control and you don’t want your credit rating tarnished then you have at least one usable option: Set up a payment arrangement with the ATO. This may prevent you from ATO Bankruptcy.

Conversely, if you think there is simply no hope or the ATO is threatening legal action against you because of your unsettled ATO debts, then bankruptcy may be a practical option for you. If you would like to know more about ways to get out from under the debilitating burden of business or personal debts, just phone us here at Bankruptcy Experts Bunbury on 1300 795 575 or visit our website for more details: www.bankruptcyexpertsbunbury.com.au.