NSW Objection to Discharge and Bankrupt - What Now?

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

ConfusedOne

Member
9 June 2016
1
0
1
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.