Many R’s Podcast – S1E6

Podcast Mark Smith

Many R’s Podcast – S01E06 for more information and indepth villain profiles – visit our webpage

https://www.dcpartners.solutions/products-services/blog/podcast/

To share this video: https://youtu.be/t3SAWQaqWks

In this series Mark Smith of DC Partners (Solutions) Pty Ltd sets the scene and discusses those villains or possible villains that we’ll be discussing throughout the remainder of Season 1 and subsequent seasons.

Season 1, Episode 6 will focus on:

00:00 – Start, opening music 00:14 – Intro from Mark Smith

00:27 – contact details

00:37 – Personal chat with Mark Smith, what Mark Smith’s been up to and what’s been happening with the Many R’s Podcast

01:00 – Reflections on the Covid World and opportunities

01:25 – End of Law Degree studies and personal reflections

03:36 – outline of show contents

03:45 – more on show contents

03:57 – Bunnings Gift Cards

04:08 – Matthew James Taunton – MBO Estates / Abel Agencies Box Hill

04:20 – Hakan Kutup

04:22 – Mahony Law / John Mahony & Law Cover plus Ralph Paligaru and Amreeta Paligaru

04:40 – Mohan Kumar

04:45 – Philip Beazley, Greg Walker, Karen Vee Walker

05:00 – Automotive sector

05:43 – Franchising

05:58 – Receivers

06:06 – Caernarvon Cherry, Bonny Glen Fruits, Fiona & Bernard Hall of Biteriot Operations

06:16 – DCP Capital

06:26 – DCP Capital – tax debt lending

06:36 – Corporations Law and Company insolvency lending

07:36 – Lightspeed Mortgage Management

08:24 – Sydney & Orange offices

08:44 – DCP Capital – Orange Development fund and forthcoming information memorandum

09:04 – Look ahead to S1E7.

10:24 – Credits

To share this video: https://youtu.be/t3SAWQaqWks

In this series Mark Smith of DC Partners (Solutions) Pty Ltd sets the scene and discusses those villains or possible villains that we’ll be discussing throughout the remainder of the Season and subsequent seasons.

Season 1 will focus on:

Real estate – including agents and developers. Miscellaneous other bad players in society Corporate Villains Travel rip-offs Government / malfeasance Iffy lawyers / shyster Insurance racketeer / Banks Receivers, Liquidators and Administrators

#5r #5rpodcast #marksmith #manyrspodcast #ManyRs

Transcript:

S01E06 podcast – transcript

season 1 episode 6 of the many R’s podcast welcome back it is uh wednesday the 16th of june 2021, my sister’s birthday, and i’m in uh freezing cold orange right at the moment but uh i’m as happy as larry and i look forward to telling you about that right now got any questions give us a call 1-300-327-123 or go to our website uh bottom right-hand corner uh dc partners dot solutions and uh click on the uh instant chat message thank you what a rusty introduction i’m very very sorry um it’s been a long time now i have been i’ve had probably the busiest uh few months in my life and today is wednesday the 16th of june  2021.

uh it is uh the afternoon i’m in orange at our new house actually believe it or not um we uh we’re we’re covid uh uh were covid safe out here and um look this covid thing has been wonderful and in lots of ways um and it’s it’s meant it’s freed up all sorts of reasons why uh you don’t need to be in sydney you don’t need to be in a capital city uh with the online world so here we are um at orange uh in my new studio and um my new home office and in studio and i’m looking out there’s snow out the window uh it’s it’s melted but uh it was snowing here uh several days ago and our property’s actually called snowgums so it’s been absolutely wonderful and why is it being wonderful well two days ago um one of the biggest events in my life uh came one of one of the biggest chapters in my life actually came to an end i’ve been studying a thing called a juris doctor which is a postgraduate law degree uh it’s a masters uh 24 um subjects um i’m a busy boy uh you know i’ve got an mba i’ve got uh businesses and uh been running litigation funding uh for a range of different people um and uh i’m a busy busy boy and i started in i think it was like the 17th of february 2014. i’m extremely privileged, i’m definitely white i’m middle-aged i’m male and i’ve been on a commonwealth supported place since um which is a which is a code for a subsidised law degree at THE best university well arguably the best university in australia and it has been a sensational sensational ride and i’m just so privileged and i know i’m privileged so um and apart from being white male and middle-aged and all that, we’re in a great part of the world and you know i’m just bubbling and enthusing with um happiness i uh i felt a huge relief um at the end of my studies and uh i was writing a 4000 word uh essay on the inviolability of the person uh which is very interesting and i’m happy to you know share with anyone or talk about it 1-300-327-123 i just couldn’t be happier so um i’ve got uh well we’ve got a very interesting program it’s just like a bit of a catch-up program and we’re not going to do our next episode until well we’re still in sydney so we’re partly in sydney and we’re partly in orange and um uh well it’s out of orange there you go but um uh we’re we’re on mount canobolas to be precise so uh have a look biggest mountain between sydney and uh perth it’s about 1 300m, we’re about one thousand meters above the sea level 1,004m there you go 1004m above sea level so that’s like Katoomba and it is just a sensational beautiful place and um we’re coming here on you know at the end of june 2021 we’re moving we’re um we’re keeping a base in sydney and uh we’re gonna spend a lot of time up here and there’s so many uh sort of interesting work options out here and uh look we’ll talk about some of those throughout the program so um this particular episode i hope you enjoyed it’s a bit different uh it’s been a while and i apologize i have i am a bit rusty uh but um let’s see how we go so what are we gonna talk about today well we’ve got some we’ve got some new villains um to talk about we’ve got some old villains who are coming back and uh let’s um well there’s the phone okay well we’ll cut a break there. okay well on the show today uh we’re going to i mentioned we’ve got some old and some new villains sorry there’s the camera we’ve got some old and some new villains so um

well this is going to surprise you, bunnings i’ve uh i’ll just run through the topics and then we’ll we’ll do a more detailed dive into them so bunnings and their gift cards this is uh property in the property area we’re going to catch up on a new villain we’ve got a new mate called matthew james taunton from um his business was called mbo estates um uh it’s now known as Abel Agency uh they’re out at the box hill in in sydney we’re going to catch up on hakan qatar got some news there uh Mahony law and john mahony and lore cover we’re going to talk on about them we’re going to catch up on the latest on ralph paligaru we’re not going to go too much into that because we’ll just give a general update we’re not going to talk about specific cases and we’re certainly not going to prejudice any cases but we’ll just have a quick update on the comings and goings of ralph paligaru um and Amreeta um um. Mohan Kumar. we’ll touch on him. philip beazley now he’s a lawyer john mahony is a lawyer as well but we’ve got phillip beazley who’s a lawyer for ah greg walker, so just very quickly we’re not going to slander anyone here but we’re going to quickly catch up on gregory uh john walker and karen v walker um. we’ve got an automotive um page a very good friend of mine is uh in the automotive business and um the automotive money lending business to be precise and uh some of you may know, i ruffled some feathers uh i um uh i wrote something and uh anyway i’ve got a tiny reaction so but uh look there’s there’s definitely smoke when you when you see smoke well there’s some often fire well there’s a lot of smoke here so uh we’re going to we’ll touch on about our website as well we’re doing some major revamp this is the benefit of finishing my law degree we’ll get heaps of time now so we can um uh sort of spend time getting some of these things right so yes there’s a motor dealers and an automotive page so we’re we’re very interested in shonky’s um in that uh in that line of business um. franchising um this is this is really uh what my uh my letter sort of touched a raw nerve wow. um okay but uh well we’re specifically talking about some changes to the franchise codes um i’ll give you links um in a moment uh we’ll very briefly touch on receivers um well liquidators and receivers are very quickly there we’ve got a little bit of news on our on our on our dear friends from Caernarvon Cherry and Bonny glen bernard and fiona hall um and uh. in the money business well we’re actually uh we’ve been doing some litigation funding for quite some time and so we are very very interested in the money space and uh our website you’ll see that um especially we’re certainly going to do something last year on tax debt lending um but uh watch this space because um we are very interested in in that and uh having just completed my law degree i did a lot of stuff on corporations law and um so the the tax debt uh lending is is more for company lending so um we’ve got a um we’ve got a business called dcp capital which we’ll talk about and there’ll be links in our website but uh uh coming out of covid and i’m sorry if that sounded insensitive i said that covid had been great uh it’s obviously been terrible and dreadful but um it’s um it’s changed the world uh there’s no doubt about that and uh coming out of it for better and worse um but uh coming out of it um uh well some some businesses um need help. so um you might wonder why do we do these blogs and um well we’re interested in people and we’re interested in you know people getting a fair crack and all the rest and um there’s many many businesses that um it’s now the 16th of june 2021.

i have no doubt that there’ll be a lot of activity with um our friends at the tax office and uh you know someone’s going to pay for the um you know the virus and uh generally that’s going to be done through the tax system in some way so we want to help people sort of meet their obligations um and so we’ve got a new product there. but in the money space we’ve got a um a company that has come to our attention called lightspeed lightspeed mortgage management i think they’re called and i’ll put up some links to lightspeed and i stumbled across this particular article i’m going to put a link to it is it’s very interesting i i um a friend of a friend

did some borrowing from well actually didn’t do the borrowing they got offered a loan from light speed but uh there were light speed in sending out the the court papers and uh

i’ll put up we’ll put up some information about these um these documents they’re quite stunning and this is we’ll explain how i speak to business and we’ll put in a link to the particular article that they caught my eye about lightspeed um and as i said we’re doing some work on our website now we are relocating um from sydney (to Orange) but we’re keeping a branch in sydney um and uh and i’ll certainly spend about four days a fortnight in sydney um and so what would that be about seven or eight days uh fortnight in orange and in the regions and getting work done uh so that i can come to sydney and um uh but you know there’s all sorts of opportunities oh sorry and back in orange um uh under our dcp capital arm uh there are some very very very good development opportunities so we’re putting together some funds some of you may know we had a litigation fund uh so we’re putting together some property funds and so there’s some very interesting uh there’s a information memorandum coming out in a few weeks so as i said this bit of a catch-up episode now we’ll get into the bunning situation. well it’s now actually the 2nd of july 2021, and um look for one reason or another we’re going to put all this content into uh episode 7 but uh we’ll just use this episode (episode 6) as a bit of a catch-up and uh i hope you enjoyed it so far um we talked about uh why they’ve been a huge delay for a couple of months between the last episode i think episode 5 we’ve just also published episode 4 um so look uh it’s been a hugely hugely busy time for me uh finishing studies um started in 2014 in february 2014 finishing those studies moving um place and you know in the last couple of days sydney’s gone into the lockdown uh so the timing probably uh really couldn’t be well it’s it’s terrible that the lockdown is very unfortunate but um uh getting out of sydney and at least for uh you know one at least the work part of the time out here in orange is you know a real opportunity so um we thought it was best to just publish the um this particular episode and then we’ll go on to season 1 episode 7 and we’ll talk about the bunning scam the uh catch up on some of our new and um emerging and some of our older villains uh which we’ll talk about in you know in much greater detail so uh tune in very very soon we’re going to start recording uh season 1 episode 7 very soon and uh that should hopefully be up in the next few days thanks very much, bye.

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any tip-offs, files or information – please use the instant chat tools or form below:

Mansoor Davood Abadi

Do you know this guy? Mansoor Davood Abadi

Mansoor Davood Abadi

Likes driving other peoples cars (and not paying).

Believed to have driven car to QLD, swapped number plates to continue to drive a car he doesn’t own.

Car looks like this / Qld number plates.

What next?

How would you rate Mansoor?

Would you like to tell us confidentially about your experiences?

Do you know his whereabouts or the whereabouts of our Toyota 86 GTS?

For more information – chat with us live using our instant chat tools (bottom corners), book an appointment or call now on 1300-327123 (till late).

To contact us with any confidential tip-offs, files or information – please use the instant chat tools or form below:

Bankruptcy Part X: Personal Insolvency Agreements (s188)

BANKRUPTCY ACT 1966 – SECT 188

Debtor may authorise trustee or solicitor to be controlling trustee

             (1)  A debtor who desires that his or her affairs be dealt with under this Part without his or her estate being sequestrated and:

                     (a)  is personally present or ordinarily resident in Australia;

                     (b)  has a dwelling-house or place of business in Australia;

                     (c)  is carrying on business in Australia, either personally or by means of an agent or manager; or

                     (d)  is a member of a firm or partnership carrying on business in Australia by means of a partner or partners or of an agent or manager;

may sign an authority in accordance with the approved form naming and authorising a registered trustee, a solicitor or the Official Trustee to call a meeting of the debtor‘s creditors and to take control of the debtor‘s property.

             (2)  An authority signed by a debtor under this section is not effective for the purposes of this Part unless:

                     (a)  if the person authorised is a registered trustee or solicitor–the person has consented in writing to exercise the powers given by the authority; and

                    (aa)  if the person authorised is the Official Trustee–an Official Receiver has given the debtor written approval to name the Official Trustee in the authority.

       (2AA)  If the person authorised is a registered trustee or a solicitor, then, before the person consents to exercise the powers given by the authority, the person must give the debtor the information prescribed by the regulations.

       (2AB)  If the person authorised is the Official Trustee, then, before the Official Receiver gives approval to name the Official Trustee in the authority, the Official Receiver must give the debtor the information prescribed by the regulations.

          (2A)  The regulations may prescribe the circumstances in which a person (other than the Official Trustee or a registered trustee) is ineligible to act as a controlling trustee under this Part.

          (2B)  An authority signed by a debtor under this section is not effective for the purposes of this Part if, at the time the authority is signed, the person authorised:

                     (a)  is not the Official Trustee or a registered trustee; and

                     (b)  is ineligible, under the regulations, to act as a controlling trustee under this Part.

          (2C)  If the person authorised is a registered trustee or solicitor, the authority signed by the debtor under this section is not effective for the purposes of this Part unless, before the person authorised consents to exercise the powers given by the authority, the debtor gives to the person authorised:

                     (a)  a statement of the debtor‘s affairs; and

                     (b)  a proposal for dealing with them under this Part.

Note:          Section 6A sets out requirements for statements of affairs.

          (2D)  If the person authorised is the Official Trustee, the authority signed by the debtor under this section is not effective for the purposes of this Part unless, before an Official Receiver gives approval to name the Official Trustee in the authority, the debtor gives to the Official Receiver:

                     (a)  a statement of the debtor‘s affairs; and

                     (b)  a proposal for dealing with them under this Part.

Note:          Section 6A sets out requirements for statements of affairs.

          (2E)  A proposal for dealing with the debtor‘s affairs under this Part must include a draft personal insolvency agreement.

Note:          Section 188A sets out requirements for personal insolvency agreements.

             (3)  An authority under this section that is effective for the purposes of this Part is not revocable by the debtor.

             (4)  Subject to subsection 192(1), a debtor cannot give an authority within 6 months of giving another authority, unless the Court grants leave to do so.

             (5)  A registered trustee or solicitor who consents to exercise the powers given by an authority must, within 2 business days of consenting, give a copy of:

                     (a)  the authority; and

                     (b)  the debtor‘s statement of affairs;

to the Official Receiver.

             (6)  When an authority becomes effective, the person authorised by it becomes the controlling trustee.

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s188.html

More info on Bankruptcy?

What is a Bankruptcy Notices under the Bankruptcy Act 1966? The Act defines Bankruptcy Notices as follows:

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith

Acts of Bankruptcy – s40(1)(ha) to s40(8) Bankruptcy Act 1966.

bankruptcy

How does a Bankruptcy Notices under the Bankruptcy Act 1966 work?

BANKRUPTCY ACT 1966 – SECT 40(1)(ha)-s40(8)

Acts of bankruptcy

(1)  A debtor commits an act of bankruptcy in each of the following cases: ….

… (ha)  if the debtor gives the Official Receiver a debt agreement proposal;

                   (hb)  if a debt agreement proposal given by the debtor to the Official Receiver is accepted by the debtor’s creditors;

                   (hc)  if the debtor breaches a debt agreement;

                   (hd)  if a debt agreement to which the debtor was a party (as a debtor) is terminated under section 185P, 185Q or 185QA;

                      (i)  if he or she signs an authority under section 188;

                      (j)  if a meeting of his or her creditors is called in pursuance of such an authority;

                     (k)  if, without sufficient cause, he or she fails to attend a meeting of his or her creditors called in pursuance of such an authority;

                      (l)  if, having been required by a special resolution of a meeting of his or her creditors so called to execute a personal insolvency agreement or to present a debtor’s petition, he or she fails, without sufficient cause:

                              (i)  to comply with the requirements of this Act as to the execution of the agreement by him or her; or

                             (ii)  to present a debtor’s petition within the time specified in the resolution;

                            as the case may be;

                    (m)  if a personal insolvency agreement executed by him or her under Part X is:

                              (i)  set aside by the Court; or

                             (ii)  terminated;

                     (n)  if a composition or scheme of arrangement accepted by the debtor’s creditors under Division 6 of Part IV is:

                              (i)  set aside by the Court; or

                             (ii)  terminated;

                     (o)  if the debtor becomes insolvent as a result of one or more transfers of property in accordance with:

                              (i)  a financial agreement (within the meaning of the Family Law Act 1975); or

                             (ii)  a Part VIIIAB financial agreement (within the meaning of the Family Law Act 1975);

                            to which the debtor is a party.

             (2)  In calculating for the purposes of subparagraph (1)(d)(i) the period for which property has been held by the sheriff, any time between the date on which an interpleader summons in respect of the property is taken out and the date on which the proceedings on the summons are finally disposed of, settled or discontinued shall not be taken into account.

             (3)  For the purposes of paragraph (1)(g):

                     (a)  where leave is given by a court to enforce an award made on a submission to arbitration, being an award under which money is payable by a debtor to another person:

                              (i)  the award shall be deemed to be a final order obtained by that person against the debtor; and

                             (ii)  the arbitration proceedings shall be deemed to be the proceeding in which that final order was obtained;

                     (b)  a judgment or order that is enforceable as, or in the same manner as, a final judgment obtained in an action shall be deemed to be a final judgment so obtained and the proceedings in which, or in consequence of which, the judgment or order was obtained shall be deemed to be the action in which it was obtained;

                     (d)  a person who is for the time being entitled to enforce a final judgment or final order for the payment of money shall be deemed to be a creditor who has obtained a final judgment or final order;

                     (e)  a judgment or order for the payment of money made by the Court in the exercise of jurisdiction conferred on it by this Act shall be deemed to be a judgment or order the execution of which has not been stayed notwithstanding that it may not be enforceable at law by execution; and

                      (f)  an order made after the commencement of this paragraph under the Family Law Act 1975 for the payment by a person of arrears of maintenance for another person shall be deemed to be a final order against the first‑mentioned person obtained by the other person.

             (4)  The act of bankruptcy specified in paragraph (1)(j) shall be deemed to be committed on the day on which the notices calling the meeting are delivered or sent to the creditors or, if they are not all delivered or sent on the one day, on the day on which the last of the notices is so delivered or sent.

             (5)  The act of bankruptcy specified in paragraph (1)(l) shall be deemed to be committed on the day after the day on which the period within which the agreement is required to be executed by the debtor or the period within which the petition is required to be presented, as the case may be, expires.

             (6)  The act of bankruptcy specified in paragraph (1)(m) shall be deemed to be committed on the day on which the agreement is set aside or terminated, as the case may be.

             (7)  The act of bankruptcy specified in paragraph (1)(n) shall be deemed to be committed on the day on which the composition or scheme of arrangement is set aside or terminated.

          (7A)  For the purposes of paragraph (1)(o):

                     (a)  transfer of property includes a payment of money; and

                     (b)  a person who does something that results in another person becoming the owner of property that did not previously exist is taken to have transferred the property to the other person.

             (8)  This section applies, so far as it is capable of application, in relation to acts and things done or occurring, and omissions and failures to do acts or things occurring, before, or partly before and partly after, the commencement of this Act, as well as to acts and things done or occurring, and omissions and failures to do acts and things occurring, after the commencement of this Act.

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s40.html

Need finance?

Need finance for your business – big or small? Even if you need funds for a tax debt or other problem – we may be able to assist – click here for next steps.

More info on Bankruptcy?

What is a Bankruptcy Notices under the Bankruptcy Act 1966? The Act defines Bankruptcy Notices as follows:

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith

Transcript

welcome back to business asset protection, mark smith is  my name. we’re up to part seven just of section 40 of the bankruptcy act, and there is we’re looking at acts of bankruptcy and there is heaps and heaps of these acts of bankruptcy and to be honest we could go for a week and and still probably not get through them all so today we’re just going to smash through the rest of them from section 40(1)(ha)
all the way through to section 40(8)
and there’s a lot to get through so strap on your seatbelt and here we go. well here we are section 40(1) of the bankruptcy act. a debtor commits an act of bankruptcy in each of the following cases …. now we’ve gone through a b c d e a double d a d e f g h and we’re now up to section HA if the debtor gives and look i’m sorry this will take we’ve got ages to go we’ve all got to go all the way down to h and i’m going to just skim through these and i apologize it is a skim if you’ve got any questions at all come to our website bottom right hand corner dcpartners.solutions and chat with us and what does part 2 of section 40 of the bankruptcy act what does section part 8  know mean? so by all means i understand it’s a scheme we’ll just go through these as quickly as we can and we’ll get through and any questions you’ll come come and talk to me offline we’re available anytime chat with us using the chat tools or call us on 1-300-327-123 now let’s have a look at section ha if a debtor gives the official receiver that’s a mob called afsa afsa.gov.ou a debt agreement so there are these are acts of bankruptcy and once you commit them you cannot go back from them, so very very important that you know that it is an act of bankruptcy and then you know that the what the consequences might be so a debt agreement now we’ll look at debt agreements later in our coverage of the bankruptcy act we’re only looking at what are acts of bankruptcy. so if you’ve got any questions about debt agreements or any of the other things that you come across coming through the rest of this particular video message me offline. hb if a debt agreement proposal is given by the debtor to the official receiver so again official receiver is afsa.gov.au this is out and it’s accepted by your creditors well that’s an act of bankruptcy as well so giving and then if you breach that hc if you breach that well another act of bankruptcy if and so these can you can see that these can accumulate so you might commit an act by giving the official receiver hi giving the official receiver debt agreement proposal but then if you breach it there’s another act of bankruptcy and so you can see that all of these ongoing acts a creditor if you don’t keep your end of the bargain hey credit i can use that against you in a creditor’s petition and we are going to have a look at creditors petitions that’s why we need to wrap this up if you hc if the debtor breaches a debt agreement well there you go that is a an act of bankruptcy hd if a debt agreement to which the party the debtor party was a party is terminated. so if you cease your obligations under that agreement another act. I – if he or she signs an authority under section 188 we’ll look at one section 188 now at the bottom of this particular blog or maybe it’s right at the very top of the of www.dcpartners.solutions of the particular blog that you might be looking at on on on this video you’ll see a link to section 188 so a tag a tag and so you can go and there’s a tag for date agreement there’s a tag for acts of bankruptcy so if you want to go back and see all the different extra bankruptcy use those tags aye did we look at that if he or she signs an authority under section 188 so what does that mean we’ll go to the tag above and look at the section 188 comments now at the moment there is no section 188 comments but they’re coming so this is a ongoing process. J if a meeting of his or her creditors is called in pursuance of such an authority. some of these things might make a bit more sense using the tags K if without sufficient cause he or she fails to attend a meeting of his or her creditors in pursuance of such an authority. so are you getting the gist that once you once you’re into this process of a formal process of insolvency, there are a number of potential acts of bankruptcy that can be used and no 99% of the acts of bankruptcy that are relied on in the courts is the failure under under a bankruptcy notice that’s s40(1)(g) – 99% we’ll just go back up to that 99% maybe 98% of the ones where someone does go bankrupt, happen when happened when you’ve issued a bankruptcy notice and a demand here … ralph plays $106,551 and they fail okay so 99 98 are of that kind. the other 2% percent as i said relate to some of these i guess more obscure methods of committing acts of bankruptcy and they are nevertheless acts of bankruptcy which the courts can use to issue what’s called a sequestration order. so that’s a new concept and there’s a tag above not on youtube but on our web page so go to our web page dcpartners.solutions and this particular blog has a tag for what a sequestration so there will be more and more of these posts and blogs and explanations about sequestration and other other things l where did we get to sorry did we get to k? L if having been required by a special resolution of meeting me of a meeting of his or her creditors to execute a personal insolvency agreement and then you fail.
m if a personal insolvency agreement executed by you is set aside by court or if you if it’s terminated or it’s … well it it means that once you’re in you can go to the next there can be a further consequence okay. it’s bankruptcy don’t get me wrong it can provide a lot of protection and a lot of yeah i guess the protection is one way to look at it a relief it can offer relief to a to a debtor who accepts that they have unmanageable debts if you only go part way in and you do one of these part X agreements again up above look at the part X tag and if you want to look at more content if you go part way in it can accelerate you can go to there can be further acts of bankruptcy and that can have consequences. N if a composition or scheme of arrangements. scheme of arrangements we can’t possibly explain all of this one bit at a time but if you’ve got a question again use the tags call us 1300 327123 or instant chat with us using the tool in the bottom corner in if a composition or scheme of arrangement executed under division six of part four is set aside. all these different concepts. again these tags should help you. O if the debtor becomes insolvent as a result of one or more transfers under the family law act so if you’re again if you can’t pay your debts because you’ve gone through a divorce that can be an act of bankruptcy you’ve got to be very very very careful and it may not even be a divorce you you have a these financial binding agreements, so these are prenups these can get you into trouble as well. so an act of bankruptcy is you transfer out your your assets to your spouse. your wife your husband your whatever your companion. and these can have very serious consequences so much so that you could find your entire estate your entire estate is subject to a sequestration order possibly affecting your spouse. like the we we can’t look at all the powers right now but the powers are immense so let’s go on to now on to part two so this is section 40(2) … a person commits an act of bankruptcy oh no now these are not where you commit them but these explain a little bit further about the above acts so in calculating part two in calculating for the purposes of section 40(1)(d)(i) … the period of which that was where the sheriff turns up and attempts to sell your goods your channels and maybe your property these can be an act of bankruptcy so if you find you’re in one of these positions either someone owes you money or you owe someone else any money by all means instant chat with us using the tool or call us 1300-327123 section three well part 3 for the purposes of paragraph one g now that’s the one where someone issues a bankruptcy notice and gives you 21 days now it used to be 6 months during covid and you know there are a lot of ways that you can get around this all of these we we really can’t go through but there are ins and outs that’s what we will say ins and outs and a lot of complexity if you want us to explain it by all means give us a call 1300 327123

section 40(4) the the act of bankruptcy in paragraph 1j will be deemed to be committed now i’ll throw in a link to paragraph s40(1)(j) we’ve gone through that i think today i can’t remember all of these there are so many so look i think in wrapping up there is lots and lots and lots of complexity and again i think we probably best to say if you’re in in any position where the point is that there’s lots of risks in when you become insolvent or when you become under financial pressure there are lots and lots of risks and if you’re exposed to one of those risks and you attend a meeting you get a divorce there are many many risks and so probably the best thing to do if you if you think that you’re facing trouble give us a call 1-300-327-123 or use the chat tool bottom right hand corner www.dcpartners.solutions so we’re actually going to move on next probably here to bankruptcy notices and we’ll have a look at those and if you’ve got any questions by all means chat with us call us 1300 1-300-3273 or use the chat tools www.dcpartners.solutions …. thank you very much.

Acts of Bankruptcy – s40(1)(d-h) Bankruptcy Act 1966.

bankruptcy

How does a Bankruptcy Notices under the Bankruptcy Act 1966 work?

BANKRUPTCY ACT 1966 – SECT 40(1)(d-h)

  

Acts of bankruptcy

(1)  A debtor commits an act of bankruptcy in each of the following cases: ….

                   (d)  if:

                              (i)  execution has been issued against him or her under process of a court and any of his or her property has, in consequence, either been sold by the sheriff or held by the sheriff for 21 days; or

                             (ii)  execution has been issued against him or her under process of a court and has been returned unsatisfied;

                  (daa)  if the debtor presents a debtor‘s petition under this Act;

                   (da)  if the debtor presents to the Official Receiver a declaration under section 54A;

                     (e)  if, at a meeting of any of his or her creditors:

                              (i)  he or she consents to present a debtor‘s petition under this Act and does not, within 7 days from the date on which he or she so consented, present the petition; or

                             (ii)  he or she consents to sign an authority under section 188 and does not, within 7 days from the date on which he or she so consented, sign such an authority and inform the chair of the meeting, in writing, of the name of the person in whose favour the authority has been signed;

                      (f)  if, at a meeting of any of his or her creditors, he or she admits that he or she is in insolvent circumstances and, having been requested by a resolution of the creditors to bring his or her affairs under the provisions of this Act, he or she does not, within 7 days from the date of the meeting, either:

                              (i)  present a debtor‘s petition; or

                             (ii)  sign an authority under section 188 and inform the chair of the meeting, in writing, of the name of the person in whose favour the authority has been signed;

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s40.html

Need finance?

Need finance for your business – big or small? Even if you need funds for a tax debt or other problem – we may be able to assist – click here for next steps.

More info on Bankruptcy?

What is a Bankruptcy Notices under the Bankruptcy Act 1966? The Act defines Bankruptcy Notices as follows:

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith

Transcript

hi mark smith, here welcome back to business asset protection, today we’re having a further look at some other sections. now there are endless acts of bankruptcy maybe not endless but we’re looking at a number of them so we’re looking at today from about section 40(1)(d)-(h) of the bankruptcy act.

so sit back and enjoy. all right so let’s have a look at the section 40(1) of the bankruptcy act. so a debtor commits

as act of bankruptcy in each of the following so we’ve looked at a b c we’re well

we’re now in d and we’re going to look through to h we’ve already had a look at g and we’ll touch

on that briefly when we get there so you commit an act of bankruptcy on every one of these occasions

all right so let’s quickly go to section d

you commit an act of bankruptcy if that the sheriff turns up and tries to sell your stuff and it’s either sold but it hasn’t paid the debt so that’s that’s a section 40(1)(d). there’s a pardon me so there’s been a writ for possession of your goods and they’re either sold or held by the by the sheriff for more than 21 days so this has come back unsatisfied that’s that is the key they come back unsatisfied poor sheriffs this is fairly self-explanatory DAA. if the debtor’s prison well if you present your own debtors petition you are bankrupt that’s that’s an act of well sorry that’s an act of bankruptcy now even if it’s not accepted it is itself an act of bankruptcy d.a if the if the debtor presents a declaration so there is a way you can present this declaration and we can have a look at that in section 54A if you have a meeting of your creditors and it’s decided that even just having a meeting itself would be a well we’ll have a look so this is section 40 in brackets one in brackets e if at a meeting of his or her creditors he or she commits a commits to presented as a petition so if you come out publicly and say well it’s going to happen within seven days even if you don’t well that’s that’s going to be an act of bankruptcy or he or she can sense to sign an authority under section 188 and we’ll have a look at that a little bit later within seven days and if there’s minutes kept and that sort of thing and there’s a meeting chair and it’s all in writing well and you know there’s a vote of your creditors well so be it, that’s an act of bankruptcy. F now we’re not going to have a look at g but we are going to have a look at f if at a meeting of his or her creditors so this these are sort of sounding like you’re talking formally about being insolvent they are themselves an act of bankruptcy so we’ve had a meeting of his or her creditors he or she admits that he or she is in is in insolvent circumstances and having it doesn’t have to be the entire the entirety of your creditors we can have a look more closely at some of this case law or you’ve got any questions give us a call but if if you’ve been in one of these positions where you’ve had a meeting with your creditors or someone’s been in that position with you where they’ve had a meeting of their creditors and you’ve you know said that you will pass a resolution well these are all factors that point very very heavily as acts of of acts of bankruptcy so g. g now we have had a look at this if a creditor obtains a final judgment so we don’t get a judgment against ralph paligaru for $106,551 we serve him and he doesn’t pay he had six months that’s that is an act of bankruptcy there and then there can be some exceptions for instance where a notice was served in australia within a fixed time and the debtor does not does not comply with the requirements so the bankruptcy number said ralph you’ve got to pay $106,551 within 6 months so that’s actually very generous it’s now as it today today’s the 19th of april 2021. the average creditor gets 21 days and after 21 days you have you have committed an act of bankruptcy. so so where the dead or does not comply with the requirements of the notice or satisfy the court that he or she has a counter claim so yes well it’s not only that it’s a counter claim set off or cross demand equal to or exceeding the amount of the judgment debt as the case may be THAT that he or she could not could not could not have set up in the action or proceedings in which the judgment was obtained so they had a counter claim and but they could not they couldn’t set up this counter claim so this is a little bit different and look finally finally we’ll have a look at now h. if he or she gives his or her creditors notice that he’s about to suspend payments of his or her debts so we’ve got this situation with mr paligaru and where he’s he’s given not necessarily every one of his creditors but possibly i can think of i can think of a couple who’s given notice and says well i’m not paying because i’m going bankrupt well there you go yeah you’ve committed an act of bankruptcy just then and there there are a few more of these, and we might have a look at that in a separate video this is obviously a technical space so what i do encourage people to do depending on their circumstances we’ve got health checks we’ve got questionnaires you can chat with us on our chat tools in the bottom right corner here of dcpartners.solutions we’d love you to be in contact with us you’ve got someone that owes you money or you owe them money we can help you on either side the debtors side or the creditor side we can give you advice on these pre-insolvency issues so it’s it’s really important what you say what you well you can see for yourself you attend a meeting and you pass resolutions you tell our creditors various things then we can talk through with you what some of your options are  ,

so we’ll have a look at some of the remaining acts of bankruptcy there are more there are even more and there’s plenty of ways there’s only 50 ways to leave your lover but i don’t know if there’s 50 ways that you can go bankrupt but we’re going to keep looking and thank you very much for joining in. got any questions, chat with us bottom corner here www.dcpartners.solutions use the chat tool or give us a ring 1300-327123 or you can email me mark@dcpartners.solutions. thanks very much bye

Acts of Bankruptcy – s40(1)(c) Bankruptcy Act 1966.

bankruptcy

How does a Bankruptcy Notices under the Bankruptcy Act 1966 work?

BANKRUPTCY ACT 1966 – SECT 40(1)(b)

Acts of bankruptcy

(1)  A debtor commits an act of bankruptcy in each of the following cases: ….

                     (c)  if, with intent to defeat or delay his or her creditors:

                              (i)  he or she departs or remains out of Australia;

                             (ii)  he or she departs from his or her dwelling-house or usual place of business;

                            (iii)  he or she otherwise absents himself or herself; or

                            (iv)  he or she begins to keep house;

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s40.html

Need finance?

Need finance for your business – big or small? Even if you need funds for a tax debt or other problem – we may be able to assist – click here for next steps.

More info on Bankruptcy?

What is a Bankruptcy Notices under the Bankruptcy Act 1966? The Act defines Bankruptcy Notices as follows:

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith

Transcript

well, welcome back to business asset protection where today we’re having a look at the bankruptcy act. this is part four of our series today we’re looking at section 40 (1) (C) and different ways that a person might try to defeat or delay his or her creditors so come join us okay well here we are in section 40 (1)(C) and we’re looking at a a debtor commits an act of bankruptcy in each of the following: so they’re all equal okay so if if someone gives you a bankruptcy notice for a hundred billion dollars and you don’t pay it well that that is equal to one act of bankruptcy section 40(1)(C) a debtor commits an act of bankruptcy and each in each of the following cases we’ll see as if with intent to defeat or delay his or her creditors well let’s have a look at this very closely so if , if so that’s the question if if with intent to defeat or delay his or her creditors okay so let’s have a really close look at this that’s section 40(1)(c) if we intend to delay to defeat to defeat which is final or to delay which just means it can only be temporary only has to be slight um his or her creditors in brackets one he or she departs or remains from australia so if you’ve departed um well that may be – that may be an event bankruptcy now it doesn’t it doesn’t automatically follow but there are some instances so you do you depart australia or you remain out of australia and and it comes down to – with intent to delay – or defeat his or her creditors. so again it’s not automatic um two he or she departs from his or her dwelling or usual house OR place of business so we’re gonna maybe actually have a quick look at some of this actual case law and we’ll see what it says. 3 he or she otherwise have since himself or herself so that can be you know from australia it could be from you know bondi if that’s where you um depart and you know you just go missing or number four if he or she begins or begins begins to keep house. again it doesn’t have to be permanent but that in itself just the beginning to keep house can can if with intent to defeat or delay his or her creditors he or she departs or remains out of australia he or she departs from his or her her dwelling house or usual place of business or so he or she departs his or her dwelling OR usual place of business so in other words you do a runner. all right well i’m just going to refer a little bit to this book that i’m reading and i think it’s really it’s quite complex it’s a little bit technical but i think if you’ll allow me to just um refer to this book i think you’ll get a little bit out of it um what is it what does it mean and what happens in these circumstances if one of these four tests is is present? that they departed or remain out of australia? departed from his or her home or usual place of business? as absenting himself or herself? or beginning to keep house that is to remain in one’s house now this is what keeping house means it means to remain in one’s house and refusing entry to others to serve a process so just that in itself could could easily be enough it’s not guaranteed you’ve got the covid virus and you’ve been told to quarantine that that would be a perfect excuse? if you’ve got cold or flu-like symptoms that too might be a reason temporarily so to keep house the onus is on yes so the creditor the person that’s trying to bankrupt um is has the owners to establish that the debtor’s intent is to delay or defeat okay so um it does not necessarily have to be the soul intent if it’s if it’s like a collateral attempt intent that that may well be enough um this can be proved directly through the use of statements so um for instance ralph wants to come back he’s choosing to be way you know these these inferences that you can be that can be drawn um use of statements by the debtor or indirectly or indirectly thanks john. um by inference by pro by proving the existence of circumstances which must necessarily cause delay. and which the detour must be presumed to have foreseen or intended to be to be or intended as a necessary result of what he or she was doing. so we could talk through some examples of this defeating or delaying a creditor need not be the debtor’s sole intent in leaving australia or remaining out of australia. now these these cases were pre-covid. so again there’s probably some argument to say well i’m remaining out of australia because it’s impossible to get back or i’d have to do two weeks quarantine like there may be some this there’s some grey here so um possibly so it need not be the need not be the sole intent as long as it’s an intent it’s not enough to simply show that the letters the debtor’s conduct has caused delay it has to be intent intention of delaying or defeating.
so it’s it’s a bit technical. i if you’re if you’re either one of in one of these two situations you’re the debtor and you’d like you know to talk through some of the options, we’ve got a pre-insolvency um we’ve got a pre-insolvency division / work and we can do this same work for the creditor so we can talk through and give you some advice on pre-insolvency issues um with quite a bit of precision um these things can be can be uh the absence is they can be an ongoing event of uh bankruptcy so uh it need not uh it could have started ten years ago um if if a person’s uh remaining out of australia because they know the moment they step back in the country uh something’s gonna happen well that in itself may be an event so there can be an ongoing or uh there’s a continuation um these are continuing acts of bankruptcy so we’re going to look at some of the other bits um of the act uh gradually throughout the series um there’s a time element um in in many of these so these can be an ongoing act uh and if you want to have a read of something case law i can make contact with me use our chat tools in dc partners dot solutions bottom right hand corner um of your screen uh there’s a chat tool so join us there um yeah so there is some case law uh if you want some you know general advice um now if you’ve got someone that’s in this position where uh you know they’re keeping house uh they are absent from australia uh they’re remaining outside of australia uh all these kinds of issues uh they’ve done a runner from their usual house um they’re not telling you where they are they’re not answering the phone they are answering the phone that they’re not they won’t tell you they want some of these uh actually.
matthew taunton there you go um uh refused to give us uh this is a guy we’re going to um mention and uh he’s he’s uh one of our villains. so you’ll you will find out uh he’s not there yet but uh he’s going onto our blog i promise you i promise you he’s going there so look uh these are some of the cases. um uh the technical as i said uh you want to talk through some of the different details give us a call 1300 327123 um if you’re in one of these positions and uh you need money uh but you know maybe you’ve got a temporary problem well we might still be able to help you 1300-327123 uh we’ve got uh tax debt um type uh facilities um you know if you’ve got a tax problem um and maybe you’re in that position where you’ve got the financial difficulty we we possibly can help you uh on either side of the fence uh the debtor site or the creditor site so give us a call 1-300-327-123 got any questions uh you can chat with us anytime uh www.dcpartners.solutions bottom right hand corner user check tools thanks very much

Acts of Bankruptcy – s40(1)(b) Bankruptcy Act 1966.

bankruptcy

How does a Bankruptcy Notices under the Bankruptcy Act 1966 work?

BANKRUPTCY ACT 1966 – SECT 40(1)(b)

Acts of bankruptcy

(1)  A debtor commits an act of bankruptcy in each of the following cases: ….

(b)  if in Australia or elsewhere:

                              (i)  he or she makes a conveyance, transfer, settlement or other disposition of his or her property or of any part of his or her property;

                             (ii)  he or she creates a charge on his or her property or on any part of his or her property;

                            (iii)  he or she makes a payment; or

                            (iv)  he or she incurs an obligation;

                            that would, if he or she became a bankrupt, be void as against the trustee;

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s40.html

Need finance?

Need finance for your business – big or small? Even if you need funds for a tax debt or other problem – we may be able to assist – click here for next steps.

More info on Bankruptcy?

What is a Bankruptcy Notices under the Bankruptcy Act 1966? The Act defines Bankruptcy Notices as follows:

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith

Transcript

welcome back mark smith here from business asset protection we’re a division of dc partners solutions uh we’re having a look at s40 of the bankruptcy act. and we’re actually into part 3.

so today we’re looking at s40(1)(b) and we’re looking at transactions that are voidable against your future bankruptcy trustee.

okay so here we are in s40 and we’re going to be nice and familiar.

again if you’re looking at these make sure you’re looking at the most recently in force

version of the bankruptcy act 1966.

because it does change all the time. even if you google it you will probably come to the wrong version. so to get to that latest version, go to this series,
you can just click on view series and view the latest. and we’re going to administration proceedings there you go s40. so we’re looking at section today well we’re looking at s40(1)(b). so this is where a debtor commits an act of bankruptcy. in each of the following. so there’s many many many of these and this particular one we’re looking at today s40(1)(b). IF in australia or elsewhere he or she makes a conveyance. now we have a look at the definition of conveyance and i’ve got the definition up there for you to have another look at it’s it’s a way of disposing of or getting rid of makes a conveyance transfer settlement that may have a particular meaning. so we should we should look up a settlement,
uh or other disposition. so that leaves it very open. it’s another way of disposing of his or her property, or of any part. so you just get rid of the juices part. or a small part. or any part of his or her property. so it must be his or hers to begin with. and it’s disposed of um in australia or elsewhere you can be a timbuktu.

you could be on the moon. it wouldn’t matter where it was. so that’s only that’s only part one,

way number one. he or she creates a charge on his or her property. now here we go we looked at this in up. above we said that that wasn’t necessarily to do with security?
but here it’s where he or she creates a charge on his or her property? and we should again, very technical. but what is what does the word charge mean? we should have a look at this and i’ll try and pop that definition up over my shoulder. here so you can have a look. he or she makes a payment.

BROAD. or he or she incurs an obligation. so you go and borrow 100 million dollars when you know there’s no possible way that you could uh service it. so you get you charge on your property. you make a payment. you give away 5 million bucks. and  in circumstances where you can’t pay your other bills. these would be um, sorry so, if in australia they do all these things, that would IF he or she became bankrupt, IF he or she became bankrupt would be void as against the trustees. so this now brings us into s120, s121 and s122. these voidable transactions. so it’s it’s a absolute pandora’s box and just looking further at this word charge, i’ve done some research off-air. and it would appear to me that there’s a very broad interpretation of the word charge. so it basically is going to be mortgage or indebtedness or liability. you could even think of it in terms of hocking. uh you’re going to hock some piece of property uh. it could be big or small. it could be centrepoint tower. you could be you you’ll hock your car um. you create a charge in circumstances that would IF you became bankrupt, be void against your trustee. so it’s something that can be unraveled at at a later point? very broad. very very very broad. so we’re going to have a look at um we haven’t got into voidable transactions. there is, we’re only at at s40(1)(b). so we’ve had a look at clause g. which is bankruptcy notices. uh we’ve had a look at clause (a). if you make a conveyance um for the benefit of your creditors generally. and also these are the ones that would be void uh as against your trustee. so there’s a lot more to go through. and i hope you’re getting the gist of just how broad these powers are? so if you’re in the position where someone has served a bankruptcy notice on you? you think you’re insolvent? you can’t pay your bills? or you’ve got someone else who, you’re a small business? and you’ve got someone that owes you money? and someone’s making payments, incurring obligations, creating charges on their properties, conveying parts of their property, or all of their property? um it’s, it would be really good to talk to you. um give us a call on 1300-327123. uh chat with us at the website, using the tools down in the bottom right hand corner of website. this one, bottom right hand corner uh on our webpage www.dcpartners.solutions – we’ve got an instant message tool .

there you can upload your documents. um as whether you’re, you know you’ve been served a bankruptcy notice? or you’ve got someone who’s indebted to you? and IF you’re looking for someone that’s very very skilled at this debt recovery stuff. so um come and have a talk to us. the first meeting’s obligation free. won’t cost you anything. and we’ll tell you uh very clearly very quickly whether we can or we might be able to help you. we we may not be able to say yes, we definitely can help you but we can give you a clear indication of whether we think we might be able to help you. so happy easter.

today’s the friday the 2nd of april 2021. this is probably going to air on the 3rd April 2021, um but we’re available uh you know very long hours, money never sleeps so they say uh – 1300-327123. or use the instant message chat uh tool uh in the bottom right corner of our screen on www.dcpartners.solutions

so thanks for tuning in uh

next we’re going to get into section 40(1)(c) of the Bankruptcy Act.

many many other exciting ways uh that you can um uh give the strong hint that you might have committed an act of bankruptcy

thanks very much. 1300-327123 or chat with us bottom right corner of our screen … www.dcpartners.solutions

Acts of Bankruptcy – s40(1)(a) Bankruptcy Act 1966.

bankruptcy

How does a Bankruptcy Notices under the Bankruptcy Act 1966 work?

BANKRUPTCY ACT 1966 – SECT 40

Acts of bankruptcy

(1)  A debtor commits an act of bankruptcy in each of the following cases: ….

(a)  if in Australia or elsewhere he or she makes a conveyance or assignment of his or her property for the benefit of his or her creditors generally;

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s40.html

Need finance?

Need finance for your business – big or small? Even if you need funds for a tax debt or other problem – we may be able to assist – click here for next steps.

More info on Bankruptcy?

What is a Bankruptcy Notices under the Bankruptcy Act 1966?

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith

Transcript:

happy easter it’s mark smith here from business asset protection, a division of dc partner solutions
well we’re continuing part two of our series, on … part two of our series on s40 of the bankruptcy act
and uh it’s only a small section but wow isn’t it uh incredible?
so we’re gonna have a look now at s40(1)(a) and maybe we’ll get to b as well?
so sit back and enjoy
okay well now we’re looking at uh section 40(1)(a)

and we probably should have a look at b as well here because uh this is probably not going to take a huge amount of time
but these are acts of bankruptcy which the court can take into consideration
uh this is fit within uh the bankruptcy act
acts of bankruptcy proceedings in connection with bankruptcy
so uh when there are proceedings or if there are proceedings uh a court can take these things into consideration as proof of your bankruptcy
um and let’s probably we should just actually have a look at the word bankruptcy and just see what it actually means
um so this is a little bit of interpretation max so let’s have a quick look at the word bankruptcy bankrupt in relation to uh jurisdiction or proceedings means a jurisdiction or proceedings by virtue of this act.
bankrupt means a person against whose estate a sequestration order has been made or who has become bankrupt by virtue of them presenting their own debtors petition
so a bankrupt is a person whose estate is under administration
basically so that’s um that’s a very key concept
let’s now have a look at … a debtor commits an act of bankruptcy in each of the following cases and there’s quite a few here
so we’re not going to go through them all today
but let’s have a look at section 40(1)(a) of the Bankruptcy Act 1966.
and we’ll see how we go
so it’s um in in australia or elsewhere. so you could be in fiji for instance
and you make a conveyance
in other words that means you transfer you give away you move you kind of value something so you convey or assign his or her property
so that could be shares
that could be it doesn’t mean securing, giving away security so in other words mortgaging them it means conveying or partying with so losing control of and again this wouldn’t be a um one where a security when a yeah where a secured party sells or conveys it’s where his or her property is conveyed uh i think the assumption here is is conveyed by him or her for the benefit of his or her creditors generally so when a person’s personal assets are conveyed or assigned uh for the benefit of his or her creditors generally uh well that would be indicative of your bankruptcy so um so there’s clearly exceptions to this it suggests if it’s for the benefit of his or her uh creditors well if you were to transfer your uh assets not for the benefit of his or her creditors but you transfer them or assign them nevertheless that might be captured under a different section but this is ones where you’re disposing of your assets for the benefit of your creditors that’s indicative and the court can take that into consideration and later on we’re going to go and have a look at sections 120 to 122 these avoidable transactions so let’s say you give away your assets but not for the benefit of your creditors let’s say you gave the way to your children well we’re going to have a look at really this next section we won’t do it today in this particular video but it’s where you give away your where you make a conveyance that would be void if he or she became bankrupt would be void so this is another way that there are many many ways so we’ll just stick with that this is a very simple concept it’s uh in australia or elsewhere so it doesn’t matter if you go to china you go to russia you go to the other you go to the moon it could be elsewhere other than in australia or in australia. he or she makes a conveyance of or assignment. this is a technical area. if you want to talk about this uh with anyone uh if you’ve got assets well let’s say you’ve got a creditor and they have conveyed or assigned their assets for the benefit of some other credit but not you? that still may be something you can do? so we can talk to you about that 1300-327123 or uh bottom corner on our website, use the instant chat tools on our website www.dcpartners.solutions

uh and you can chat with us uh about that particular situation you can certainly using the instant uh chat tools send us some documents. uh we’ve got forms down the bottom of this particular blog. there’s a form that allows you to upload some documents. so if you’re in that position where someone has conveyed or assigned their assets. uh for the benefit of some other creditor, other than you. um again there’s exceptions, so secured creditors but if they give it away for unsecured creditors or maybe they uh you know try and hide their assets and give them to their children or something like that is an act of bankruptcy able to be unwound? very cool okay got any questions give us a call 1300-327123.

use the instant chat tools on our website www.dcpartners.solutions thank you very much

Acts of Bankruptcy – s40(1)(g) Bankruptcy Notices

bankruptcy

How does a Bankruptcy Notices under the Bankruptcy Act 1966 work?

BANKRUPTCY ACT 1966 – SECT 40

Acts of bankruptcy

(1)  A debtor commits an act of bankruptcy in each of the following cases: ….

… (g)  if a creditor who has obtained against the debtor a final judgment or final order, being a judgment or order the execution of which has not been stayed, has served on the debtor in Australia or, by leave of the Court, elsewhere, a bankruptcy notice under this Act and the debtor does not:

                              (i)  where the notice was served in Australia–within the time fixed for compliance with the notice; or

                             (ii)  where the notice was served elsewhere–within the time specified by the order giving leave to effect the service;

                            comply with the requirements of the notice or satisfy the Court that he or she has a counter-claim, set-off or cross demand equal to or exceeding the amount of the judgment debt or sum payable under the final order, as the case may be, being a counter-claim, set-off or cross demand that he or she could not have set up in the action or proceeding in which the judgment or order was obtained

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s40.html

Need finance?

Need finance for your business – big or small? Even if you need funds for a tax debt or other problem – we may be able to assist – click here for next steps.

More info on Bankruptcy?

What is a Bankruptcy Notices under the Bankruptcy Act 1966? The Act defines Bankruptcy Notices as follows:

BANKRUPTCY ACT 1966 – SECT 41

Bankruptcy notices

(1)  An Official Receiver may issue a bankruptcy notice on the application of a creditor who has obtained against a debtor:

                     (a)  a final judgment or final order that:

                              (i)  is of the kind described in paragraph 40(1)(g); and

                             (ii)  is for an amount of at least the statutory minimum; or

                     (b)  2 or more final judgments or final orders that:

                              (i)  are of the kind described in paragraph 40(1)(g); and

                             (ii)  taken together are for an amount of at least the statutory minimum

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith

Acts of Bankruptcy – s41 Bankruptcy Notices

bankruptcy

How does a Bankruptcy Notices under the Bankruptcy Act 1966 work?

BANKRUPTCY ACT 1966 – SECT 41

Bankruptcy notices

(1)  An Official Receiver may issue a bankruptcy notice on the application of a creditor who has obtained against a debtor:

                     (a)  a final judgment or final order that:

                              (i)  is of the kind described in paragraph 40(1)(g); and

                             (ii)  is for an amount of at least the statutory minimum; or

                     (b)  2 or more final judgments or final orders that:

                              (i)  are of the kind described in paragraph 40(1)(g); and

                             (ii)  taken together are for an amount of at least the statutory minimum

Need finance?

Need finance for your business – big or small? Even if you need funds for a tax debt or other problem – we may be able to assist – click here for next steps.

More info on Bankruptcy?

BANKRUPTCY ACT 1966 – SECT 40

Acts of bankruptcy

(1)  A debtor commits an act of bankruptcy in each of the following cases: ….

… (g)  if a creditor who has obtained against the debtor a final judgment or final order, being a judgment or order the execution of which has not been stayed, has served on the debtor in Australia or, by leave of the Court, elsewhere, a bankruptcy notice under this Act and the debtor does not:

                              (i)  where the notice was served in Australia–within the time fixed for compliance with the notice; or

                             (ii)  where the notice was served elsewhere–within the time specified by the order giving leave to effect the service;

                            comply with the requirements of the notice or satisfy the Court that he or she has a counter-claim, set-off or cross demand equal to or exceeding the amount of the judgment debt or sum payable under the final order, as the case may be, being a counter-claim, set-off or cross demand that he or she could not have set up in the action or proceeding in which the judgment or order was obtained

Source: http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1966142/s40.html

Do you have a problem with a Bankruptcy Notices? Have you been served a Bankruptcy Notices? Does someone owe you money and you’d like to issue a Bankruptcy Notices?

Any questions about Bankruptcy Notices? Live chat with us in the bottom right corner or call us on 1300-327123 till late, or alternatively complete the form below and we’ll reply to you promptly.

Watch our video tutorial, live chat with us in the bottom right corner or call us on 1300-327123 till late.

We offer a free first appointment to anyone who is in financial trouble and can assist and advise on any Bankruptcy Notices or a related matter. To book your free appointment – click here.

Mark J. Smith
Mark J. Smith

To learn more about Mark Smith, his training and expertise – click here to go to his profile page

Connect to Mark on LinkedIn.

Follow Mark on Twitter: https://twitter.com/mrmarkjsmith