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Bankruptcy : Terms and definitions


Annulment or Discharge of bankruptcy
[ Publication date Jan 01, 2001 ]

An annulment of your bankruptcy may be obtained form the Court if you pay your debts in full, or your offer to pay part of your debts by way of a composition or scheme of arrangement is accepted by your creditors.

A bankrupt may apply to be discharged from bankruptcy after a period of 5 years and if the debts proofed in the bankruptcy are below $5,000.

The Official Assignee will take into consideration the following factors when deciding whether to discharge a bankrupt.

  1. The cause of bankruptcy;
  2. The period of bankruptcy;
  3. Compassionate grounds such as ill health and old age;
  4. Bankrupt's assets and payments to his bankruptcy account;
  5. Bankrupt's conduct; and
  6. Bankrupt's co-operation level with the Official Assignee.
For more information, visit the Insolvency & Public Trustee's Office website.
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