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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a serious problem and I 't know what to do next. I

Customer Question

Hi, I have a serious problem and I don't know what to do next.
I was made bankrupt by Gio due to a outstanding business debt which was paid twice before it went to court. I did not attend the hearing because I thought I didn't have to because I had paid the debt. I was given a trustee by the court who informed me by Phone that these proceedings took place. So I went and got some help from a solictor.
She had tried to negotiate many times with this trustee for nearly two years. Every time we got close to sorting the mess out the trustee changed his mind and kept racking up his fees. I had asked the solicitor to take us back to court and she didn't and her fees kept getting bigger. The trustee would not annul this because I had a business tax debt which I was paying off until the staff member of the trustee told me I had to pay them the money and any money I had paid to the taxation office the trustee would take and I would not have paid anything. Finally The trustee had there solicitors to give us a ultimatom for my husband to buy my share of our house or he would sell it from under us. He agreed to annul the Bankruptcy after paying out my tax debt and his Fees. My Bankruptcy was annulled but he did not pay my tax debt. So now I have the tax office threatening legal action of a debt that was supposed to be paid by the trustee. I don't know where to go from here. I don't know if I can go to court and represent myself and take legal acton because I cannot afford anymore legal bills. Help
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Afternoon.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Was the tax debt part of your bankruptcy?

Customer: replied 10 months ago.
no it was not, I was in the middle of have my taxes done when this took place
Expert:  Leon replied 10 months ago.

Good Afternoon

If it was not part of the bankruptcy then you should not have been required to pay the Trustee.

Customer: replied 10 months ago.
Well thats what we thought, But i could not get my solictor to take me back to court
Expert:  Leon replied 10 months ago.

Because it is not part of the bankruptcy it continues as a debt.

How much did you pay to the trustee and did the trustee pay the ATO?

Customer: replied 10 months ago.
I paid the trustee 109,000.00 dollars and he only paid the tax office what my debt was before bankyupcy, but in the paperwork it was 61000,00 and he paid the tax office only a small amount. my bill from the tax office is the same as what it was at the time of settlement plus interest they have accrued to it. so I don't understand. why. All I know is that this trustee has somehow legally stolen this money. I don't know where to turn I don't know where to go.Should I go to the ombudsmen? or do something else. It has destroyed my marriage my mental state. I attempted a overdose at the weekend just so my family and husband didn't have to go through this again. I'm at my wits end
Expert:  Leon replied 10 months ago.

Good Afternoon

Have you obtained a detailed accounting from the trustee?

Customer: replied 10 months ago.
I think my solicitor did, I will need to check. I received after many phone calls to the trustee a letter stating that my banlruptcy had been annulled. We settled in Oct and I received it in December.
Expert:  Leon replied 10 months ago.

Good Afternoon

It is not a simple resolution. But you need to see what you paid and whether the ATO was aware etc.

Theres is alot that needs to be investigated.

You have to get the paperwork and see what was done and what role the ATO played in it all.