Bankruptcy minimum raised from $2,000 to $5,000

There were a number of technical “restructuring” type changes to the Bankruptcy Act which included a restructure of the organisation of the “Districts” for Bankruptcy, a streamlined process for remuneration of trustees and increase in penalties for non-complying individuals.

One of the changes was an increase of the minimum debt amount a creditor may issue a bankruptcy notice from $2,000.00 up to $5,000.00. Although the initial Bill proposed the amount to be increased to $10,000.00, following the Senate Legal and Constitutional Affairs Legislation Committee report in February 2010 it was agreed to amend the proposed amount to $5,000.00.

The amended provisions took effect from 11 August 2010.

Bankruptcy Notices are often used as an enforcement mechanism by debt collection and debt recovery firms. Many more Bankruptcy Notices are issued than proceedings actually commenced (or sequestration orders made).