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NSW Objection to Discharge and Bankrupt - What Now?

Discussion in 'Debt and Bankruptcy Law Forum' started by ConfusedOne, 9 June 2016.

  1. ConfusedOne

    ConfusedOne Member

    9 June 2016
    Likes Received:
    I was made bankrupt in 2011 due to my own silliness when my partner passed and a healthy dose of depression that followed I ignored it for some time, earning myself an Objection to discharge in 2014. I am now bankrupt until 2019.

    It was in 2014 when I started to pull myself together. I had just started a new job after 18 months of unemployment soI pulled my head out of the sand and advised my trustee of all my details and completing the backlogged Statement of affairs / CAP forms.

    It was at this time the trustee put a garnish on my pay and issued his objection. I have been paying $950 per month since this time.

    His objection reasons were valid, They were
    a: I didn't cooperate providing the requested information
    b: no contributions were paid etc.

    In fairness, not long after going bankrupt I was unemployed so when the letter came to say I had to pay $15000 I didn't have any means to repay it so naturally i just pushed my head further into the sand.

    It was only a few months ago I realised there must have been an error in the calculations used to establish my liability to repay so i asked the trustee to review. It turns out that for CAP 1 to 3 my total liability was approx $4000.

    I was excited for a moment as i figured with my monthly Garnishing of $950 i have paid this twice over. I asked the trustee if he would withdraw his objection given the payments have been made and documentation has been provided.

    My excitement was short-lived. I was advised that as far as the trustee was concerned i was far from ahead. Instead I was in arrears for CAP 5 and my CAP 6 estimation papers were due in 3 weeks so he would not be withdrawing his objection.

    Can someone please let me know if there is anything i should be doing at this point. Im struggling to keep everything together at the moment with $1000 per month being garnished. Sydney Rent is crazy expensive and ive been putting off dental work which is now impacting my work. I know this is my own fault but i just need someone to let me know if theres anything I should be doing.
  2. Sophea

    Sophea Guest


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