QLD Debts to continue after bankruptcy

Discussion in 'Debt and Bankruptcy Law Forum' started by Jason Rivers, 4 September 2019.

  1. Jason Rivers

    Jason Rivers Well-Known Member

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    So in 2017, I went bankrupt by my choice for an amount of $60k roughly and recently I did a credit check on myself for pure interest and discovered that two of my creditors have defaulted me.

    The two creditors who have defaulted me were included with the rest of the other creditors when I went bankrupt. However, I was making regular payments to each and all my creditors and was not behind in any payments right up until the day I was officially bankrupt.

    I contacted my trustee who told me to contact Equifax. Equifax told me to contact the creditors first which I did but I also lodge a dispute with Equifax the same day, based on the fact that neither creditors sent me the notification that they were going to default me. It took 30 days for them to come back and say that they can’t do anything.

    Both creditors claim that they received no notification that I had gone bankrupt, despite me giving them my bankruptcy number verbally, in writing and notification from the trustee.

    They are now claiming that the defaults were made as I had stopped payments and that they had tried to contact me (my contact details were still up to date in their systems) with no success. The defaults were made one week to the day after I was bankrupt.

    They are also now claiming that when my bankruptcy ends, they will pursue the outstanding amounts. My trustee says they can't as the debts are included. The creditors are both saying it isn’t.

    Any help is greatly appreciated
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    Hi Jason,
    Most debts are discharged by bankruptcy. The exceptions are fines and court penalties, child support, HECS debts, debts incurred after bankruptcy begins and unliquidated debts meaning debts which you are the creditors have yet to determine the amount of the debt. So I unless the debts are those types they are discharged by bankruptcy. Hope that helps.
     
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