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Bankruptcy and unsecured debts
The table below is a guide only. Claims lodged in bankrupt estates will be considered by the trustee.
| Type of debt | Class | Can I continue to demand payment from the bankrupt? | What are my rights? |
|---|---|---|---|
| Credit card, store card, etc | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Personal loan, business loan | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Trade creditor (no retention of title) | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Utilities (gas, electricity, phone (including mobile), internet, pay-TV) | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate. The Bankruptcy Act does not force you to continue supplying the bankrupt |
| Unpaid employee entitlements (wages, leave) | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate. You may also wish to lodge a General Employee Entitlements and Redundancy Scheme (GEERS) claim (where the employer went bankrupt before 5 December 2012) or a Fair Entitlements Guarantee (FEG) claim (where the employer went bankrupt on or after 5 December 2012) |
| Legal fees / accounting fees | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate or, if you have a lien over work you did, to exercise that security interest |
| Medical fees | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Court-imposed fines | Not provable and not extinguished | Yes | Fines are still payable during and after bankruptcy |
| Court-ordered restitution amounts | Provable and extinguished if the amount was fixed before the date of bankruptcy | No, if the amount was fixed before the date of bankruptcy | You have the right to lodge a claim in the bankrupt estate |
| Pawn shop / pay day lender | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Child support / maintenance | Provable and not extinguished | Yes | These debts are still payable during and after bankruptcy |
| Unpaid rent | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Debts relating to property damaged when the bankrupt was a tenant | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Overdrawn accounts | Provable and extinguished | No | You have the right to lodge a claim in the bankrupt estate |
| Debts incurred after the date of bankruptcy | Not provable and not extinguished | Yes | These debts are not provable in bankruptcy and can be pursued |
| Debts incurred by fraud | If provable, are not extinguished | Yes | These debts, if provable in bankruptcy, are not extinguished and can still be pursued |