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Chapter 7 Petition Package (Individual Debtors)

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  • What is a debtors petition?

    The Bankruptcy Act 1966 enables a person who is in financial difficulty to present a petition (that is, an application on a particular form) to the Official Receiver for their own bankruptcy.
    A debtor's petition may also be presented by one or more members of a partnership, or by joint debtors who are not partners.

  • Are creditors paid in a certain order of priority the highest in Chapter 7?

    Priority in Chapter 7
    Secured creditors are entitled to payment up to the value of the collateral or the size of their claim (whichever is smaller) before any other creditors are paid.
    Anything left over is used to pay unsecured creditors.

  • What is a voluntary petition in Chapter 7?

    Voluntary bankruptcy is a type of bankruptcy where an insolvent debtor brings the petition to a court to declare bankruptcy because they are unable to pay off their debts.
    Both individuals and businesses are able to use this approach.

  • Who Can File for Chapter 7?

    1You are an individual, married couple, or small business owner.
    2) You must pass the Means Test to show you do not have enough income to repay debts.
    3) You must not have filed a previous Chapter 7 in the past 8 years, or a previous Chapter 13 in the past 6 years.

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Chapter 7 Petition Package (Individual Debtors)