If the trustee is the Official Trustee (AFSA), you can prove your debt by lodging a proof of debt form.
The trustee will ask you to complete this form, by a set date, if payments are available. Once the trustee accepts the proof of debt, you may receive a dividend.
The trustee may ask you to verify your claim by way of a statutory declaration. If you fail to provide the statutory declaration, the trustee can dismiss your claim.
It’s your responsibility to prove to the trustee that the debt is genuine.
It’s important you:
- answer all questions
- check the debt amounts are correct
- 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, contact the trustee.
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.
If we have sent you a proof of debt form to complete, you can send it to us online: