Worrells


Figures

Bankruptcy Act


Corporations Act


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Bankruptcy Notices
$5,000 - Amount for issuance of Notice
21 days - Time period for compliance

Meeting Convening Periods
Bankruptcy Meetings - Reasonable Notice
Virtual Meetings - Trustee to Specify
Part X - 25 business days - Holding Meeting of Creditors
Change of Trustee Meeting - 7 days
Streamlined Change of Trustee - 10 days

Section 161B Fees
$1,569.00

Income Contribution Threshold
Allowable Income before Income Contributions Payable
(after tax & s139N deductions)

$44,189 - No Dependents
$52,143 - 1 Dependent
$56,120 - 2 Dependents
$58,330 - 3 Dependents
$59,214 - 4 Dependents
$60,097 - 5+ Dependents
Maximum Dependant Income - $3,030

Asset Allowances
$3,350 - Tools of Trade allowance
$6,700 - Motor Vehicle Allowance
$4,806 - Obtaining Credit without Disclosure
RBL - Superannuation exemption:

Employee Entitlement Threshold
$3,950 - Priority Claim for Employee (max)

Part IX Thresholds
Amounts not to exceed to do a Part IX
  • $66,284 - Income (after tax) (1.5 x no dependants threshold)
  • $88,379 - Available Assets (after securities) (2 x no dependants threshold)
  • $88,379 - Creditors (after securities) (2 x no dependants threshold)

Part X
2 days - Notification to ITSA
25 business days - Holding Meeting of Creditors

Proofs and Dividends
about 21 days - Lodgement of Proofs (after notice)
21 days - Declaration (after Proofs lodged)
$25.00 - Minimum dividend (reg 6.21)

Offences Penalties
Concealment of Property:
section 263 - 3 years or $1,000

Lodging False Claims to Vote:
section 263C - 6 months

Failure to Disclose Property
section 265 - 1 year

Failure of Person to Attend Interview
section 267D - 6 months

Obtain Credit of more than $4,374 without Notice
section 269 - 3 years

Failure to keep proper Records
section 270 - 3 years

Leaving Australia with intention of not returning
section 272 - 3 years

(read relevant sections for more details)

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Statutory Demands
$2,000 - Amount for Issuance of Notice
21 days - Time period for compliance

Meeting Convening Periods
First VA Meeting - within 8 business days
Convening Period VA - 25 business days
Exceptions to Convening Period - 30 business days
Second VA Meeting - within 5 business days (before or after convening period)
Creditors Voluntary Liquidation - 18 days (with 7 days notice)
Liquidation - 14 days notice
Final Meetings - 30 days notice

Dividends
Notice to Lodge Proofs of Debt - 21 days
Declaration - No time Limit
Minimum Dividend - $25.00

Priority Employee Entitlement Thresholds
No Limit - Non-excluded employee
$2,000 - Excluded Employees-Wages
$1,500 - Excluded Employees-Leave
Nil - Excluded Employees-Other

Offences
Non-Disclosure or Misrepresentation
section 590(1) - $10,000 or 2 years

Knowingly Receiving property
section 590(5) - $5,000 or 1 year

Frauds by Officers
section 596 - $10,000 or 2 years

Falsification of Books
section 1307 - $10,000 or 2 years

False of Misleading statement
section 1308 - $10,000 or 2 years

(read relevant sections for more details)


Last Updated 24.8.2010

Disclaimer
The enclosed information is of necessity a brief overview and it is not intended that readers should rely wholly on the information contained herein. No warranty express or implied is given in respect of the information provided and accordingly no responsibility is taken by Worrells or any member of the firm for any loss resulting from any error or omission contained within this fact sheet.