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My debtor is bankrupt or have gone into liquidation. What do I do?

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The first thing to do is to check whether this is in fact the case. You can check this:

  • for bankrupt individuals – conduct a Bankruptcy Search here: https://services.afsa.gov.au/brs/search
  • for companies in liquidation – conduct an Insolvency Search here: https://insolvencynotices.asic.gov.au/browsesearch-notices/

If your debtor is bankrupt or is in liquidation, you ordinarily cannot commence or proceed with court proceedings against them. You should contact the bankruptcy trustee or liquidator to notify them of your claim.

 

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