Obtaining credit without disclosing bankruptcy


The Maximum Penalty for this Offence is Three Years Imprisonment and/or a $19,800 Fine.

In Bankruptcy Matters a Fine is an Unlikely Result.

What Court is Cikely to Hear the Matter

This matter is can be dealt with in either the Local or District Court depending on how serious it is.

Common Ways in Which this Might Occur

  • You apply for a credit card and don’t inform the credit provider that you are a bankrupt;
  • You lease or finance a car without telling the dealership that you are a bankrupt.

What the Prosecution Must Prove – the Elements of the Offence:

  • That you are a bankrupt;
  • That you obtained credit above the indexed amount (currently $4,739);
  • That you did not tell the credit provider that you were a bankrupt.

The Law

It is an offence under the Bankruptcy Act to obtain credit without disclosing your bankruptcy.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.

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