Objections to discharge

Contributed by Ian Macdonald and current to 1 September 2005

Some sorts of dishonesty and misconduct by a bankrupt enable the Official Receiver to object to the discharge, so that the bankruptcy may be extended to a total of five years, or in some cases eight years. Examples are bankrupts improperly failing to return to Australia, managing a corporation, misleading conduct exceeding $4,067 (see further below), failing to give information about property, income, debts, change of name, address or occupation, and lack of co-operation such as failing to make payments from income, sign documents or attending an interview or meeting.

Misleading conduct refers to bankrupts failing to disclose their bankruptcy when obtaining credit for more than $4,067, or to bankrupts trading under names other than their own without disclosing the fact that they are bankrupt.