Tuesday, February 23, 2016

Bankruptcy in Canberra - Changes to help Small Business and Entrepreneurs

5th February 2016 - By Charles Bosse

Do you have an idea of how much Bankruptcy in Canberra is changing? The Australian Government at the end of 2015 came up with some underlying changes to the Bankruptcy Laws in Australia. One of the most significant of these is the length of time that a person is bankrupt for. Right now, there is a minimum amount of time that you must stay bankrupt, having said that, this 3 year period may in fact be reduced down to just 12 months. So if you are inquiring about Bankruptcy, this news may be pretty important to you.



Mark Carnegie in the Financial Review on the 7th December 2015 recommended that "the proposed changes to ease the burden of bankruptcy laws didn't go far enough and the government should adopt US-style laws to protect the family home".

These alterations to the issue of Bankruptcy will take 18 months to implement. Mr Carnegie, went on to say in the Financial Review that protecting family assets was essential because "banks just terrorise small business and the mental health consequences to society are enormous".

The problem is Australia's bankruptcy laws put off investors from supporting start-ups, and as a result mentoring had been "driven out of the system".

"They naturally find it very intimidating themselves personally and with their assets at risk in a risky early-stage deal, but with their own money in the deal and a lightened-up provision I think we 'd probably see more willingness. It could be more important than the money.".

Fraudulent Behavior.

The issue surrounding this Bankruptcy issue in Canberra that some make is that this change will only reinforce fraudulent behavior opening pandora's box so to speak for the unscrupulous to violation of the bankruptcy system. We have considered the minimum, but on the other side of the issue, The government is not recommending to change the maximum term of 8 years if it deems a bankrupt has behaved in an unethical or fraudulent way, and there are no propositions to change the consequences of misrepresenting yourself or financial situation when filing for bankruptcy in Australia.

As a bankruptcy professional in Canberra, I have a decent share of experience when it comes to Bankruptcy. And having dealt with thousands of bankruptcy cases in Canberra I have never uncovered someone abusing the system or acting in an irresponsible way as to exploit the bankruptcy laws in Australia. When it comes to Bankruptcy, each week I help a small business owner or entrepreneur look at the very hard task of bankruptcy, not once have I sensed they are happy about it. The ordinary small business owner or entrepreneur in Canberra does not start out taking enormous financial risks with the intention to fail. The media prefers citing the apparent misuse that will be rampant if these changes occur, what a joke!

A Win for Small Business.

These suggested changes will be good for often the very best and brightest in Canberra not get kicked out of the game financially for financial decisions often outside of their control. Most small business owners I help with Bankruptcy, are hardworking, tax paying, companies keeping this country going.

Certainly there is a fine line with exactly what the government is trying to do here, since they are aiming to balance helping people who have made decisions out of their control, and discouraging people from making miscalculations that land them in trouble and consequently an issue of Bankruptcy. However you likewise don't want to get rid of the experience and knowledge that business owners have. You surely don't want to shatter people simply because they have had a sincere failure in a large or small start-up venture that has not worked out.

At the big end of town large well established companies have long been criticised for their failure to innovate - lets face it they would be more likely to do so if the risks of bankruptcy were scaled down because directors are worried they'll be personally responsible in an insolvency arrangement if the new endeavor doesn't work out.

The government's suggested 'safe haven' modifications for directors of companies will allow Australia to more fully explore and innovate, which will make big updates for Bankruptcy. I can not imagine, that these improvements will be harmful to Australia's economy, in fact these bankruptcy laws will save the tax payer in all areas of health - Especially in the mental health sector because the emotional cost of bankruptcy is extensive. When it comes to Bankruptcy in Canberra not a day goes by where I don't hear the tragic experiences of relationship failures, thoughts of suicide and the list goes on.


Bankruptcy helps save lives, and it could save yours. If you want some help with your debts in Canberra or are just thinking about Bankruptcy, don't hesitate to phone us here at Bankruptcy Experts Canberra on 1300 795 575, or visit our website: www.bankruptcyexpertscanberra.com.au