Debt & Bankruptcy
Whether you have received a bankruptcy notice, are facing a creditor petition, want to explore a Part IX debt agreement, or need to negotiate mortgage arrears — submit one request and get connected with the right professional to assess your options under the Bankruptcy Act 1966.
⚠ If you have received a bankruptcy notice, court summons, or creditor legal action — mention it clearly in the form so your request can be prioritised.
What You Can Submit
From negotiating with creditors and debt agreements to formal bankruptcy and insolvency processes — submit your matter and the right professional will follow up.
Voluntary bankruptcy under the Bankruptcy Act 1966 as a formal way to resolve unmanageable personal debt — understanding the process, consequences, and alternatives.
A formal alternative to bankruptcy that allows you to reach a binding agreement with creditors to pay a reduced amount over time — without becoming bankrupt.
A flexible formal arrangement between a debtor and creditors, administered by a trustee, which can offer better terms than bankruptcy for eligible individuals.
Negotiating with creditors to reduce debt balances, waive interest and fees, establish affordable repayment arrangements, or settle debts for less than the full amount.
Responding to debt collector conduct, court summons, default judgments, and enforcement action by creditors including wage garnishment and asset seizure.
Options available when mortgage repayments cannot be met — including hardship applications, refinancing, and responding to repossession or mortgagee sale proceedings.
Responding to a bankruptcy notice served by a creditor — including grounds to set aside the notice and options to avoid sequestration of your estate.
Applying to have a bankruptcy annulled — whether by paying debts in full, under a composition, or on the basis that the bankruptcy should not have occurred.
Business debt issues including company insolvency, director obligations, small business restructuring, and options for businesses that can no longer meet their obligations.
When to Act
The earlier you seek advice, the more options you are likely to have. Waiting until enforcement action has started — a bankruptcy notice, court judgment, or mortgagee sale — significantly reduces what is available.
A bankruptcy notice issued under the Bankruptcy Act 1966 gives you 21 days to pay, dispute, or respond. If you do not act within this window, the creditor can file a creditor's petition and the Federal Circuit Court can sequestrate your estate. Legal advice within the first few days is critical.
Once a creditor holds a default judgment, they can take enforcement action including garnishee orders over wages or bank accounts, and writs of execution over property. Setting aside a default judgment requires prompt application — delay makes it harder and courts are less sympathetic the longer you wait.
A Part IX debt agreement under the Bankruptcy Act is a formal alternative to bankruptcy — you pay an agreed amount to creditors over time without becoming bankrupt. However, debt agreements are listed on the National Personal Insolvency Index and affect your credit file. Independent advice helps you compare the real consequences of each option for your specific situation.
Bankruptcy lasts a minimum of 3 years under the Bankruptcy Act (extendable to 5 or 8 years for non-compliance). Certain assets — including some equity in your home, your car up to a threshold, tools of trade, and superannuation — are protected. Income contributions may be required if you earn above a threshold. Understanding what you will lose — and keep — before filing is essential.
Lenders must follow a prescribed process under state mortgage law and the National Consumer Credit Protection Act before repossessing a property. This includes issuing a default notice with a cure period. Early legal advice — including hardship applications, refinancing, and negotiation — can prevent a mortgagee sale if action is taken before the process is too far advanced.
When several creditors are pursuing you at once — through debt collectors, court proceedings, or statutory demands — the order in which you respond matters. A structured approach, potentially including a Part IX or Part X arrangement, can resolve multiple debts in one process rather than fighting each creditor separately.
How It Works
Describe your debt situation in plain language — you do not need to know whether bankruptcy, a debt agreement, or negotiation is right for you. A professional will review the situation and explain your options.
Submit Your RequestSubmit the form with your contact details, state, the nature of the debt issue, and a brief summary. Mention any notices received or imminent deadlines.
Your matter is reviewed with the debt type, urgency, and location in mind so the right professional can be identified.
A professional contacts you to discuss the situation and explain the options available. Urgent matters involving legal action or notices are prioritised.
Information That Helps
The clearer your summary, the easier it is to identify the right professional and assess what options may be available.
Total approximate debt amount and the number and type of creditors involved.
Type of debt — credit cards, personal loans, tax debts, mortgage arrears, business debts, or other.
Any legal action already commenced — bankruptcy notice, court summons, default judgment, enforcement warrant.
Whether you own any assets — property, vehicles, superannuation, business interests.
Your current income and employment situation.
Any deadlines — response dates on notices, court hearing dates, or payment deadlines.
If any of the following apply, include it clearly in your summary so your request can be flagged as urgent.
Submitting this form does not create a lawyer-client relationship and does not replace formal legal or financial advice.
Coverage
Debt and bankruptcy requests accepted from all states and territories.
Debt & Bankruptcy Areas
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Submit Your Legal Request