Litigation and Dispute Resolution

Debt Recovery, Bankruptcy, and Corporate Insolvency

We help navigate the ins and outs of Debt Recovery, Bankruptcy and Corporate Insolvency Laws in Australia.

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How we can help you

If you’re struggling to repay your debts, you may be wondering what options are available to you. Debt recovery, bankruptcy and corporate insolvency laws can be complex, so it’s important to understand the ins and outs of each option.

In this article, we’ll provide an overview of debt recovery in Australia, bankruptcy law and corporate insolvency law. We’ll also discuss the benefits and drawbacks of each option, so you can make an informed decision about what’s best for your situation.

understanding the debt recovery process

Resolve your debt dispute or manage personal and corporate insolvency.  


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Debt Recovery

Victor Legal is here to help you with debt issues, whether they’re personal or commercial in nature. Whether it is recovering a debt from an individual or a business, we are prepared to work with you on achieving a successful conclusion.

We’ll determine if your issue can be resolved with a letter of demand, an application to the court, or whether it is necessary to go to trial. We will also assist you to implement strategies to minimise your outstanding accounts in the future. 

Late payments from customers can have a devastating impact on the cash flow of a business and we know how debt disputes may affect personal, financial, and professional well-being so we will work with you to tailor a solution that meets your needs.

Bankruptcy

Bankruptcy is a legal process that allows people who can’t repay their debts to give control of their money to someone else. They do this because they can’t afford to pay back all of the money they owe. The third-party who assumes control of the debtor’s financial affairs is either an appropriately licensed trustee or the Official Receiver, appointed either by the Federal Court or the Australian Financial Security Authority (AFSA).

What is the process for declaring bankruptcy?

A party may go bankrupt in one of two ways:

Bankruptcy by Debtor’s Petitionthe person who is in financial difficulty voluntarily lodges a petition (that is, an application on a particular form) to the Official Receiver for their own bankruptcy. The petition is the debtor’s way of seeking relief from unmanageable debt through bankruptcy. 

Bankruptcy by Creditor’s Petitionif a creditor is owed $10,000.00 or more they may be able to apply to the Court to have the debtor made bankrupt. A creditor needs to prove that the debtor has committed an ‘act of bankruptcy’ within the six months prior to the application. The creditor must file a creditor’s petition in the Federal Court seeking an order that the debtor be declared bankrupt (a sequestration order) which makes the person bankrupt.

How long does bankruptcy last?

After the day on which a debtor’s petition is accepted by the Official Receiver, a person remains bankrupt for three years. The three-year period of bankruptcy commences after the Statement of Affairs is submitted to AFSA in the case of bankruptcy caused by the issuing of a sequestration order.

What are the effects of bankruptcy?

When you are made bankrupt, certain restrictions and obligations are placed on you. These are called the ‘effects of bankruptcy’. The main effect is that your property vests in a trustee who then administers it for the benefit of your creditors. This includes any real estate you own (other than your principal place of residence), motor vehicles (excluding property used primarily for transport), shares, cash that the bankrupt holds in-person and other valuables.

These restrictions are designed to protect your creditors by ensuring that you cannot act in a way that is unfair to them. 

Declaring bankruptcy, or even contemplating it, is a daunting and stressful experience to be in. It might be difficult to navigate all of the various elements involved in a bankruptcy proceeding.


Corporate Insolvency

We have expertise in bankruptcy, litigation, and commercial law, so we can explain the complexities of insolvency law to you. We can assist you through the Court route to help you achieve your desired outcome.

Creditors

We may take immediate action against a debtor firm to reduce the amount of time it takes them to pay off their debts. If your business is owed money, there are various methods for recovering it. Talk with us about how we can get you your cash as quickly as possible.

Debtors

There are strict time restrictions in place for replying to a creditor’s statutory demand. Failing to comply may have a severe negative impact on your company. If you’ve been served with a statutory demand, you must act right away. Contact us if you disagree with the debt (or part of the debt) or have a cross-claim. We can help you file the necessary paperwork to have the demand set aside.


Why Choose Us?

Victor Legal provides a comprehensive range of corporate insolvency services. We can handle anything from the preliminary consultation to drafting and implementing your business rehabilitation strategy with expertise.

We can:

  • Wind up a company on grounds of insolvency 
  • Apply to set aside a statutory demand
  • Assist with voluntary liquidations 
  • Assist with a simplified liquidation process 
  • Defend a director against a personal liability claim for insolvent trading 
  • Apply to set aside a statutory demand
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