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What is a proof of debt form?
A Proof of Debt (POD) is a form completed by a creditor which details how much the creditor is owed. Creditors can be invited to lodge a POD in a bankrupt estate should the trustee expect a dividend to be paid. A POD includes supporting information to prove the debt is owed.
If there is money available from the bankrupt person’s estate due to the sale of any assets or the bankrupt person makes compulsory payments, the trustee will let you know. Before paying you any money, we require you to lodge a POD form. You only need to lodge a POD if the trustee asks you to.
Information you need for an online Proof of Debt form
If the trustee is the Official Trustee (AFSA), you can prove your debt by lodging an online proof of debt form.
The trustee will ask you to complete this form by a set date if a dividend is available. Once the trustee accepts the proof of debt you may receive a dividend.
It is your responsibility to correctly claim your debt in the bankrupt estate. You need to:
- Check the debt is provable
- check the debt amounts being claimed are correct (including any interest up to the date of bankruptcy)
- calculate interest to the date of bankruptcy
- attach evidence of your claim, such as:
- personal guarantees given by the bankrupt individual
- submit the form by the nominated date - if you miss the deadline you may miss out on your dividend. Contact the trustee for further information.
Lodging an online POD form
If we have sent you a notice of intention to declare a dividend, you can log into your existing AFSA account or Digital Identity. Access and complete the online POD form by clicking here.
If you do not have an existing AFSA account or Digital Identity, you will need to register for one or the other to lodge an online Proof of Debt.
Find out more information about whether you need to create a digital identity account in the below link:
Create an AFSA online service account using the following instructions:
- Select Sign In and Create and Online account.
- Enter your given names, surname, username (to log in with), email address, password and confirmation (as per the parameters detailed on the page).
- Enter the organisation name.
- Select the ‘Reason for registration’ checkbox
- Accept the ‘Terms & Conditions’ and click Submit
- We will send you an email to verify the email address provided. If you are unable to find the email, check your junk or spam folder.
- To verify your account, click the link in the email.
Once you complete these steps, you will have successfully created and be logged in to your Proof of Debt Online Services account.
Information for different types of creditors
There are different types of creditors.
Separate, joint, joint & several creditors
It is important you indicate which situation applies, as the trustee will need this information to allocate your claim to the correct bankruptcy.
In some cases, there may be:
- Joint bankruptcies, where two or more people go bankrupt together.
- Separate bankruptcies of individuals who jointly owed you money.
Depending on the terms of the credit agreement, you may have a claim against:
- only one of the individuals (separate)
- all of the individuals jointly only (joint) or
- all of them jointly as well as separately (joint & several).
The trustee may ask for further evidence of the security.
You are able to:
- prove all or part of your secured debt
- surrender the security to the trustee, and claim for the whole debt
- sell the secured goods and claim the shortfall (money still owing) or
- claim an estimate shortfall amount if the goods haven't yet been sold.
The trustee may ask for further evidence of a debt. If you have a judgment, you should include:
- details of the judgment and submit a copy with your proof of debt
- costs you were awarded in a judgment you obtained prior to the bankruptcy.
Provide your Australian Business Number (ABN) on the proof of debt. If you don't, the trustee may withhold tax on your dividend.
If there is goods and services tax (GST) included in your debt, you must specify that amount.
If a creditor is deceased, the executor of the estate may lodge a proof of debt.
A related creditor is a creditor who is a related entity.
- A related creditor can still lodge a proof of debt.
- If you think an individual failed to disclose a relationship with a creditor, contact the trustee.