Saturday, August 21, 2010

BANKRUPTCY--OVERSEAS TRAVEL


PART 1 OF 2.

LEAVING AUSTRALIA WHILE BANKRUPT.
You can only leave Australia if you obtain your trustee's written permission before you leave.
Your trustee will need to be satisfied that you have legitimate reasons for the proposed travel.
Examples.
-as a condition of your employment.
-for compassionate reasons.

Your trustee may impose conditions when giving permission such as:
-the period of travel.
-the date you are required to return to Australia.
-that any income contributions(compulsory sums from your income to repay your creditors) that you have been assessed to pay are paid before you go.

You may have a passport, however, you must hand it to your trustee if directed to do so.

THE TRUSTEE MAY REFUSE PERMISSION IF:
-you have not carried out all of your obligations under the Bankruptcy Act. eg. filing a Statement of Affairs.
-if you are required to assist your trustee in the administration of your bankruptcy.
-or if the trustee's investigations have not been completed.

WARNING:

If you leave Australia without your trustee's permission or you leave with permission but do not return when you said you would, your trustee may lodge an objection to your discharge. If this happens, your bankruptcy will be extended to five years from the date you return to Australia.
If you are overseas and your trustee asks you to return to Australian and you do not, your trustee may lodge an objection to your discharge. If this happens, your bankruptcy will be extended to eight years from the date your return to Australia.
Leaving or trying to leave Australia without the written consent of your trustee is an offence under the Bankruptcy Act. The penalty for this is up to three years imprisonment.
Breaching a travel condition imposed by your trustee is also an office under the Bankruptcy Act. The penalty for this is up to twelve months imprisonment.

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