Bankruptcy Lawyer Brisbane
Decisive Legal Solutions for a Fresh Financial Start
When you are facing overwhelming personal debt, dealing with a creditor’s petition, or challenging a bankruptcy notice, you need more than just legal advice, you need decisive action.
At Roberts Litigation, we are experienced litigators focused on providing individuals across Brisbane and Queensland with expert, results-driven legal representation in all personal insolvency and bankruptcy matters. Whether you are a debtor seeking relief or a creditor pursuing recovery, our team offers the strategic expertise necessary to navigate the complexities of the Bankruptcy Act 1966 (Cth) and secure the best possible commercial outcome.
Obligation free consult
Expert legal advice
Proven track record
A Bankruptcy Notice is a serious legal demand with strict deadlines. Ignoring it can lead to severe consequences, including a Creditor’s Petition and a formal declaration of bankruptcy. If you have been served with a Bankruptcy Notice, immediate legal intervention is crucial.
As your Brisbane Bankruptcy Lawyer, we can act quickly to:
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Review and Validate: Scrutinise the notice and the underlying judgment debt for any technical defects that may allow the notice to be set aside by the Federal Circuit and Family Court of Australia.
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Negotiate: Engage in urgent communication with the creditor to negotiate a fast settlement or payment arrangement, potentially preventing the initiation of bankruptcy proceedings.
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Litigate: If necessary, apply to the court to have the Bankruptcy Notice set aside or defend a Creditor's Petition, leveraging our extensive litigation experience to protect your interests.
Our Comprehensive Bankruptcy & Insolvency Services
Roberts Litigation represents both individuals (debtors) and creditors involved in bankruptcy proceedings across Queensland.
For Debtors (Individuals & Sole Traders)
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Defending Bankruptcy Notices and Creditor's Petitions.
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Preparation and lodgement of voluntary Debtor's Petitions.
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Advice on the duties and restrictions of a bankrupt person.
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Annulment of Bankruptcy (paying debts in full or via a composition).
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Protecting non-divisible assets (Superannuation, Tools of Trade).
For Creditors (Businesses & Lenders)
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Issuing Bankruptcy Notices and Creditor's Petitions
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Representing creditors in formal bankruptcy processes.
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Advising on debt recovery strategies and the enforcement of judgments.
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Dealing with debts owed by a bankrupt individual.
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Claims for Unfair Preference Payments and Undervalued Transactions.
Why Choose Roberts Litigation as Your Brisbane Bankruptcy Lawyer?
The key difference between financial recovery and prolonged distress is the quality of your legal representation.
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Litigation Focused: We are not just general practice lawyers. We are experienced in litigation and dispute resolution, giving you a distinct advantage in court proceedings, especially when challenging or defending a petition.
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Commercial Understanding: We understand the commercial and personal pressures of debt. Our advice is pragmatic, cost-effective, and centred on achieving the best financial and commercial outcome for your future.
Discreet and Confidential: We handle all sensitive financial matters with the utmost discretion and professionalism, providing a supportive hand through this challenging period.
Ready to Find Your Path to Financial Stability?
Don't let debt dictate your future. Take the first step toward a secure financial footing by speaking with a specialist Bankruptcy Lawyer in Brisbane today.
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Your first discussion is confidential and obligation-free. Don't wait for the QBCC to make the next move.
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Call +61 7 3725 8605 or request a call back, and our team will respond promptly.
Supporting businesses in Qld, NSW and Vic
Clear guidance, timely action
Personal, attentive service
It doesn't cost you anything to know where you stand.
Frequently Asked Questions (FAQs)
How long does bankruptcy last in Australia?
The standard period for bankruptcy in Australia is 3 years and 1 day from the date your Statement of Affairs is accepted by the Australian Financial Security Authority (AFSA). This period can be extended if you fail to comply with your trustee’s requests.
What are the main consequences of bankruptcy?
Bankruptcy involves a trustee taking control of your divisible assets, restrictions on overseas travel (you need the trustee's written consent), mandatory income contributions if you earn above a threshold, and an inability to manage or be a director of a company during the bankruptcy period.
Does bankruptcy cover all my debts?
Bankruptcy covers most unsecured debts (credit cards, personal loans, utility bills). However, it does not cover secured debts (like a mortgage or car loan if you wish to keep the asset), court-imposed fines, penalties, student loans (HECS/HELP), or child support payments.
What is the difference between Bankruptcy and Personal Insolvency?
Personal Insolvency is the umbrella term for a range of solutions when you can’t pay your debts. Bankruptcy is the formal legal process, while Part IX Debt Agreements and Part X Personal Insolvency Agreements (PIAs) are other formal solutions under the personal insolvency umbrella that allow you to deal with debts without becoming a bankrupt.
What cannot be wiped out by bankruptcy?
Debts that are not wiped out include:
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Secured Debts: If you wish to retain a secured asset (such as a car with a car loan or a home with a mortgage), you must continue to make payments. The trustee in bankruptcy can generally only claim the debtor's equity in the property.
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Court Penalties and Fines: Court-imposed fines, traffic fines, and penalties are not provable debts in bankruptcy and remain payable.
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Maintenance Debts: Obligations relating to child support and spousal maintenance are not extinguished.
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HECS/HELP Debts: Government student loans are managed separately and are not cleared by bankruptcy.
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Fraud-Related Debts: Debts or liabilities incurred by means of fraud or a fraudulent breach of trust are not released.
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Post-Bankruptcy Debts: Any new debts incurred after the date of the bankruptcy are the bankrupt person's responsibility and are not included in the insolvency process.
Alternative solutions, such as Part X arrangements (Personal Insolvency Agreements), may be explored with your insolvency lawyer to manage some complex debt structures without the full restrictions of formal bankruptcy.
What is the minimum debt to file for bankruptcy in Australia?
The minimum debt requirement depends on whether the bankruptcy is voluntary (filed by the debtor) or involuntary (filed by a creditor via a creditor's petition).
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Voluntary Bankruptcy (Debtor's Petition): There is no minimum debt threshold for an individual to file for voluntary bankruptcy. If you are an individual in Brisbane or anywhere in Australia who is insolvent (unable to pay your debts as they fall due), you can apply directly to the Australian Financial Security Authority (AFSA) to declare yourself bankrupt.
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Involuntary Bankruptcy (Creditor's Petition): A creditor seeking to make a debtor bankrupt must be owed a total debt of $10,000 or more. This process typically begins with the creditor serving a Bankruptcy Notice based on a final judgment from Legal Proceedings for at least that amount. The debtor's failure to comply with the notice is an "act of bankruptcy" that enables the creditor's law firm to proceed with the creditor's petition to the court.