NSW Possible to Formalise Debt Made 10 Years Ago?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
7 September 2016
2
0
1
I borrowed money from my parents under a verbal loan agreement around 10 years ago and have now been declared bankrupt. Can we formalise a loan agreement in writing now to submit as proof of debt to the bankruptcy trustee or is it too late now?
 

DMQC

Well-Known Member
29 June 2016
94
11
314
It depends if it was a loan or if they simply let you borrow the money and you were only to pay back the principal amount.
 

DMQC

Well-Known Member
29 June 2016
94
11
314
In that case, I see two options you could create a written agreement with the dates of the original agreement - since you would only be formalising an agreement that has already been made this would not be deceptive or misleading.

I would be cautious however not to have your parents investigated by the ATO etc. Since they have made a profit from the loan it would (as far as I am aware) be considered income. If it were considered income by the ATO I would assume they would also need an Australian Credit Licence or similar. I am no expert on the matter but just some food for thought.

It might be an idea to consider the money your parents gave you as payment for some "service" which you were unable to perform and have now incurred a debt i.e. a refund of the amount borrowed.