Tuesday, February 23, 2016

Bankruptcy in Gold Coast - Changes to help Small Business and Entrepreneurs

5th February 2016 - By Charles Bosse

Do you understand how much Bankruptcy in Gold Coast is changing? The Australian Government at the end of 2015 submitted some innate changes to the Bankruptcy Laws in Australia. Among 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 remain bankrupt, but, this 3 year period may in fact be reduced to just 12 months. So if you are inquiring about Bankruptcy, this news may be quite important to you.



Mark Carnegie in the Financial Review on the 7th December 2015 proposed 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 shifts 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 very important 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 therefore 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 Gold Coast that some come up with is that this change will only motivate fraudulent behavior opening pandora's box in a manner of speaking for the unscrupulous to maltreatment of the bankruptcy system. We have looked at the minimum, but on the other side of the problem, The government is not recommending to change the maximum term of 8 years if it deems a bankrupt has operated in an unethical or fraudulent way, and there are no recommendations to change the outcomes of misrepresenting yourself or financial position when filing for bankruptcy in Australia.

As an insolvency professional in Gold Coast, I have a fair share of practical experience when it comes to Bankruptcy. And having dealt with countless bankruptcy cases in Gold Coast I have never struck someone abusing the system or acting in a careless way as to exploit the insolvency laws in Australia. When it comes to Bankruptcy, each week I help a small business owner or entrepreneur look at the very formidable task of bankruptcy, not once have I perceived they are happy about it. The ordinary small business owner or entrepreneur in Gold Coast does not start out taking enormous financial risks with the intention to fail. The media really loves citing the apparent misuse that will be rampant if these changes occur, what a joke!

A Win for Small Business.

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

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

At the major end of town large well-known 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 insolvency were cut down because directors are worried they'll be personally responsible in an insolvency arrangement if the new project 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 changes for Bankruptcy. I cannot imagine, that these improvements will be harmful to Australia's economy, actually these bankruptcy laws will save the tax payer in all areas of health - Especially in the mental health field because the emotional cost of bankruptcy is substantial. When it comes to Bankruptcy in Gold Coast not a day passes where I don't hear the tragic stories of relationship failures, thoughts of suicide and the list continues.


Bankruptcy helps save lives, and it could save yours. If you are in need of some help with your debts in Gold Coast or are just considering Bankruptcy, don't hesitate to phone us here at Bankruptcy Advice Gold Coast on 1300 879 867, or visit our website: www.bankruptcy-advice.com.au/goldcoast