VIC Creditor’s Petition & Sequestration Order Made

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Druncle

Member
15 February 2019
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Hi,

I am now officially bankrupted as I have missed the hearing for the creditor's partition and was too busy during with my new born son who has been really sick.

The trustee has now requested me to hand over the property, and is likely to sell my house.

I am a bit dumb when dealing with law, but when I checked the documents for the creditor's petition, it's not quite true as I had been taking 3 months maternity leave (with my long service leave), coming back to work in April and they said they had filed the bankruptcy notice by hand in Jan which was a lie as I was on leave so I couldn't possibly receive that paper in the first place.

Also, they handed me the creditor's petition just less than 1 week before the court hearing date in late May, though the date of the letter is around beginning of April, does this make any sense? Is this a trick? Worst thing is the court is in Sydney when I am living in Melbourne, so I didn't take a serious look (thinking this is a scam).

Then I became bankrupted and all my saving accounts are frozen at the moment.

What should I do now? The trustee is working on the side of the creditor right? Could I make a complain as I was on maternity leave, so I would never receive the bankruptcy notice by hand??? Also the fact that I am living in Melbourne and they sent me the creditor's petition one week before the hearing, my common sense told me it's a scam. My focus is on my sicked child who is only 5 months old.

I don't want to go bankruptcy for 40K, given that I am bankrupted now, could I still negotiate with creditors or the trunstee for a payment plan, and got my bankruptcy removed?