Case Study: PART X – A Better Outcome Than Bankruptcy
A practical explanation of when a Part X Personal Insolvency Agreement may produce a better outcome than bankruptcy.
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Case Study: Bankruptcy and the Family Home
The family home is not automatically protected in bankruptcy. See how a co-owner purchased the trustee’s interest and retained the home.
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Case Study: Using SBR to Avoid Liquidation and Reduce ATO Debt
A real Sunshine Coast SBR case study where a viable business avoided liquidation after the ATO accepted 40 cents in the dollar over two and a half years.
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Insolvency Warning Signs: Is Your Business Showing the Early Red Flags?
Learn the early warning signs of business, from cash flow issues to ATO debt and creditor pressure, and why early advice creates options.
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Part X Personal Insolvency Agreements: An Alternative to Bankruptcy
A practical guide to Part X Personal Insolvency Agreements (PIAs), including eligibility, the process, creditor approval and alternatives to bankruptcy.
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What is bankruptcy?
Learn what bankruptcy is, how the process works, what happens to assets and debts, and the role of a bankruptcy trustee in Australia.
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Voluntary administration: what directors and creditors should expect
Voluntary administration moves quickly. This article explains what directors and creditors can expect from the appointment process, the administrator’s investigations, creditor meetings and the possible outcomes, including a deed of company arrangement or liquidation.
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Creditors’ Voluntary Liquidation: How the Process Works
Learn how a liquidation works, including the appointment process, the liquidator’s role, creditor claims, investigations and distributions.
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Closing a solvent company through a members’ voluntary winding up
Learn how a members’ voluntary winding up closes a solvent company and distributes surplus assets to shareholders.
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What Is Small Business Restructuring and How Does It Work?
SBR allows eligible companies experiencing financial difficulty to stay in control and put forward a proposal to creditors to resolve its debts.
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Bankruptcy 101: Void transfers
One of the common misconceptions about bankruptcy is that assets can be protected simply by transferring them to someone else before bankruptcy.
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Small Business restructuring vs Voluntary Administration
When SBR may be appropriate, when VA may be a better fit, and why timing matters for distressed companies.
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DPNs and Payment Plans: Buying Time Can Lock in Risk
Why a payment arrangement with the ATO does not necessarily solve a Director Penalty Notice problem.
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What Types of Matters do I deal with – Insolvency Services
An overview of the corporate insolvency, personal insolvency, restructuring and specialist appointment matters Paul Nogueira deals with.
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Employee Entitlements and Liquidation
How employee entitlements are treated in liquidation and bankruptcy, including priority claims, secured creditors and FEG.
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ATO Repayment Arrangements and Longer-Term Options
Why ATO repayment arrangements can help some businesses, but may not fix deeper viability or DPN risk issues.
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Lodge the BAS: Why Not Lodging Can Create Personal Risk
Why failing to lodge BAS, IAS and superannuation reports can turn company tax debt into director personal exposure.
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Resigning as Director Is Not an Escape Hatch
Why resigning as a director does not remove liability for past issues, DPNs, personal guarantees or director loans.
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ATO Debt and Bankruptcy: What Gets Released?
A practical note on ATO debt, DPN liabilities and which debts may or may not be released by bankruptcy.
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Director Loan Accounts in Liquidation: Death by a Thousand Cuts
Why overdrawn director loan accounts can become a major issue when a company enters liquidation.
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Marriage Does Not Create Mutuality
Why debts owed by one spouse cannot usually be offset against amounts owed to another spouse in a company liquidation.
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Section 530B: What Records Must Be Provided to a Liquidator?
A practical explanation of what accountants and advisers may need to provide to a liquidator under section 530B.
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A Good Structure 10 Years Ago May Be a Bad One Today
Why business owners and advisers should review where liability sits as business structures evolve over time.
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Deadlocked Property? Statutory Trustee for Sale
When a statutory trustee for sale may assist where co-owners cannot agree on the sale of real property.
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SBR Is Not All Beer and Skittles
What the ATO commonly looks at in Small Business Restructuring proposals, including viability, compliance and transparency.
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27 Years at the Coal Face
Reflections on 27 years in insolvency and restructuring, including what has changed and what has stayed the same.
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NDIS Changes: Viability, Cash Flow and Options
Why NDIS providers should review cash flow and viability before funding or compliance changes narrow restructuring options.
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When Business Debt Becomes Personal
How business failure can create personal consequences through guarantees, DPNs, director loans and bankruptcy issues.
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Before You Fix the Trust, Check the Risk
Why trust restructuring for tax reasons should also consider bankruptcy and asset protection risk.
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Retention of Title and the PPSR
Why a retention of title clause may not protect a supplier if the PPSR registration is missing or defective.
