Bankruptcy Representation and Litigation

We assist clients with all bankruptcy advice and matters, including litigation and disputes commonly relating to:

  • Debt Recovery – Issuing bankruptcy notices for payment of judgment debts (and other forms of bankruptcy in s. 40).
  • Issuing a creditors petition for a sequestration order (bankruptcy proceedings) upon an act of bankruptcy.
  • Disputes by debtors about their liability for debts in bankruptcy notices, including applications to set aside a bankruptcy notice.
  • Disputes on a creditors petition hearing based on being solvent and/or disputing the validity of the debt (that it is not payable).
  • Disputes about information not being provided by a Trustee to creditors or debtors, according to law.
  • Disputes about investigations and public examinations.
  • Assisting with administration of a bankrupt estate.
  • Assisting with advice on payment of income contribution.
  • Annulment of solvent bankrupt estates.
  • Assistance with composition arrangements (s. 73).
  • Challenging assessments of deemed income by trustees in bankruptcy including applications to review.
  • Challenging remuneration of Trustees in the bankrupt estate.
  • Advising on Trustees obligations and duties s. 19 of the Bankruptcy Act 1966.
  • Challenging trustees compliance with duties under s. 19;
  • Advising bankrupts on their duties in relation to compliance with the Bankruptcy Act 1966.
  • Assisting with compliance with obligations under the Bankruptcy Act.
  • Disputes as to court proceedings by Trustees concerning recovery of property,
  • Vesting disputes under s. 58 of the Bankruptcy Act 1966.
  • Advice and disputes about any objections filed by Trustees as to discharge.
  • Advising on the consequences of bankruptcy including advice on the consequences of bankruptcy.
  • Assisting Trustees to recover property;

If you need any assistance, contact one of our lawyers at [email protected] or call 03 9607 8279 for a no-obligation discussion and for expert advice.

This information is of a general nature only and is not legal advice.