VIC Bankruptcy - Apply for Permission to Leave the Country?

[ChellaMelbourne]

Hi all,

I'm after some hel, please? I'm English, have been here for around 8 years now. I am married with 2 kids. Currently I have Permanent Residency but shortly will have Australian citizenship.

I've been bankrupt for just over 1 year, so have 2 years left.

I am looking to move back to the UK, however, want to know if I can and what steps I should follow. I know I need to apply for 'permission' to leave the country under my bankruptcy, however, is this the same to leave the country all together?

Any help, guidance would be greatly appreciated.

Thanks

 

[Sophea]

Hi ChellaMelbourne,

While section 77 of the Bankruptcy Act requires bankrupts to surrender their passports, bankruptcy doesn't necessarily prevent them from travelling or moving overseas. There is actually no legislative prohibition on bankrupts leaving the country, but rather it is at the trustee's discretion that they may travel overseas either temporarily or permanently. A trustee may prevent the bankrupt from travelling until they have completed their investigations into their financial affairs but after that they may recognise any number of reasons why a bankrupt would want to move overseas including for work, to return home or to visit family.

I would discuss this with your trustee and provide them with reasons for why you need to move back to the UK. You may also be able to demonstrate how this would allow you to pay back your financial obligations sooner.