Bankruptcy lawyers in Brisbane

Our bankruptcy lawyers can work closely with you, your accountants, and your financial advisors to find the best solution for you, which can include:

• negotiating to repay debts without the need to enter bankruptcy
• providing practical help in the context of legal advice in completing the forms to declare bankruptcy
• assessing the validity of a Bankruptcy Notices served on you
• defending bankruptcy proceedings if brought against you by a Trustee
• defending you against claims that have arisen as a result of being a director of a company which now affect you personally, where it is alleged that you are liable (against preference claims).

If you have been served with a creditor’s petition by a creditor you have a few options. If you don’t respond to a notice or take action to file for bankruptcy voluntarily, bankruptcy will ensue and a trustee will be appointed, in which you have no say. This scenario is generally not the best way to go. If you have to declare bankruptcy, a more engaged and informed process is likely to be better for you.

If you do have a defence, you can engage a bankruptcy lawyer to help you defend yourself from the claim.

If you are considering entering bankruptcy or a creditor intends to bankrupt you, it is very important to understand the implications this will have on your future. Bankruptcy can be a complicated and stressful process with a number of strict deadlines; however, there are other options available to you. Our team of experienced bankruptcy lawyers can advise you on the many options available and help find the best outcome for you, as hard as that may seem at the time.

Good planning can minimise the stress greatly and many individuals find bankruptcy to be a relief from being chased by creditors. An experienced Bankruptcy lawyer knows how to present things in a legally compliant and appropriate way, reducing your stress levels in an obviously difficult situation. We are empathetic to your circumstances if you need to consider going bankrupt or are already bankrupt and need legal advice.

Our lawyers have extensive experience in helping creditors with debt collection. If you are considering filing a creditors petition you need to ensure that the legal documentation is correct in order for it to be successful. We can provide concise advice and representation if you are owed money.

Bankruptcy occurs begins in one of two ways:

• when a person either voluntarily files for bankruptcy by filing a debtor’s petition; or
• if the Federal Court makes an order that a person is bankrupt, following a creditor filing a creditor’s petition (which in turn, must only be after there is a court judgment).

If you have been served with a bankruptcy notice or a creditor’s petition, you should obtain legal advice as soon as possible. Failing to respond to a creditor’s petition will result in you being made bankrupt without recourse.

Seeking advice from a bankruptcy lawyer will help you navigate the process and may help you avoid bankruptcy altogether. Often, there are alternatives and an experienced bankruptcy lawyer will be able to navigate you through the process.

To confidentially discuss your situation, please call us on 1300 794 559 or otherwise please complete the contact form on this page.