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There are many people going to court after being unable to pay their debts. They go to court to seek protection from creditors who may harass them as they seek to be paid. There are several chapters under which the bankrupt may be allowed to file. The most common of these are chapters 7 and 13. Chapter 7 allows for the debtors property to be sold and the proceeds to be paid to the creditor. Chapter 13 or the wage-earner chapter allows the debtor to continue working as they pay off the debts.
Unlike in some states where the debtor may not be allowed to travel overseas once they have filed an insolvency petition, Australians are allowed to do so. However their wish of travelling overseas will only be granted if they meet some set conditions. The bankrupt must be able to proof that he is able to change the current situation. They must also be willing to pay an advance of their obligation to the creditor before they can leave.
It is important for the debtor to know that, it is only with the authorization of the trustee appointed by the court who can allow travel. Without such authority, the debtor would be committing an insolvency offense.
It may not be as easy as it sounds since, an insolvent person planning to travel abroad must have a genuine reason as to why they must travel abroad. These reasons could be work related emergencies. Leisure visits may not be granted by the court. The debtor must give a six week notice to the insolvency trustee before they can be allowed to travel.
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