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I am involved in my ex husbands Bankruptcy because my name…

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Hi there,I am involved...

Hi there,I am involved in my ex husbands Bankruptcy because my name was on the business still when he went Bankrupt,it has been dealt with by three trustees now and this third one has been very unfair and has rejected my travel form due to no evidence to support his rejection

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

I live in Victoria,but the Bankruptcy was in NSW,The trustee is based in Sydney.Two years prior to the Bankruptcy we made payments towards buying a lease in Bali but could not fulfil the verbal agreement due to a building problem and our marriage breaking down,this has been the only focus that the trustee keeps claiming that he wants to see a lease when there is no lease as the deal never went thru, he has made all these claims and has rejected my travel request as I am needing to travel there for a prospective job which includes accomodation next year,I had to cancel my flight which is on Saturday and have lost $1500 because of this situation,he claims he has a pace alert on me and if he is still not satisfied when the bankruptcy is up he will extend it another 7 years,my health and mental state are suffering so much and it seems there is little help out there to resolve this nightmare

Lawyer's Assistant: You can discuss that with the Lawyer or ask for a different Lawyer.

I have contacted numerous lawyers,the law institute and they all say its a specialised field,

Lawyer's Assistant: Has anything been filed or reported?

I have not contacted AFSA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have put in piont form details of the Bankruptcy etc and

Submitted: 10 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/19/2017
Solicitor: Leon, Solicitor replied 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,900
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 10 months ago

Good Morning,

The reason for rejecting your travel, is because once you leave the jurisdiction, if you choose not to return they cannot force you to come back. It appears they have issues with what has been put in the bankruptcy and they want answers.

You mention that you had made payments towards buying a lease, there has to be some evidence of this lease even though it was verbal, such as emails or correspondence that you can provide to show why the payments were made.

I suspect they believe the funds were sent offshore to avoid creditors and they want confirmation this is not the case.

I understand your mental state is suffering, but as part of the bankruptcy trustee has control over whether or not you can leave the jurisdiction and this should have been disclosed to you at the onset.

It is a specialised field and there are many solicitors in medium-size firms that practice in this area. If you believe you should not form part of the bankruptcy then you should be filing an application with the federal court to have you removed. I would suggest that you contact the Law Institute of Victoria and have a referral to a solicitor practising in bankruptcy law to look at your position and advise you on whether you should form part of the bankruptcy or not.

The Law Institute website is as follows: https://www.liv.asn.au/

But the reason for them refusing to allow you to travel I believe would be a fee that you will not return.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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