Superannuation in bankruptcy
Karen is a 63 year old retired teacher from Swan, Western Australia. Karen found it hard to manage her debts after retiring from her full time job. She became bankrupt in March 2018.
Karen had $659,000 in her regulated super fund. Karen’s car was recently written off in an accident. She did not have insurance to cover the damage. In October 2019 (while still bankrupt), she applied to release a $50,000 lump sum from her super fund. This amount was approved and deposited into her bank account in November 2019.
Karen used some of this money to buy a new car. She used the rest of the money to send her grandchildren to visit family in England.
AFSA received a phone call from a creditor of Karen’s bankrupt estate. The creditor was angry that Karen had bought a new car and paid for an overseas holiday. The creditor demanded the trustee take the car as an asset in the bankrupt estate.
AFSA contacted Karen and discussed the new car purchase and holiday payment with her. Karen told AFSA she paid for them with money from her super fund. AFSA asked her to provide evidence.
Karen was able to provide full evidence of the payment transfers from the regulated superannuation fund to her bank account. Her bank account showed full payment to the car dealer and to the travel agent. It was clear these payments had been made using the superannuation money.
Under the Bankruptcy Act, Karen’s lump sum superannuation withdrawal after bankruptcy is protected from her creditors. Assets purchased with this money are also considered to be protected. This means that those assets remain safe and cannot be taken for the benefit of creditors.
*These case studies do not constitute legal or financial advice. You should consider whether the options referred to in the case studies are appropriate for you, and seek advice if necessary, before taking any action