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1. You receive protection

一旦接受您的申请,临时债务保护将提供一个为期21天的保护期,在此期间,无担保债权人(包括法警)无法采取强制执行行动来追回您欠他们的钱。这意味着他们无法扣除您的工资,或者让法警/法警查封您的财物。

You can use this time to:

  • seek advice from a free financial counsellor – see Where to find help
  • negotiate a payment plan with your creditors. You can do this yourself or authorise someone else to negotiate on your behalf
  • consider if any of the formal insolvency options would be right for you – see What are my options?

Once your TDP is accepted, you cannot apply for temporary debt protection again for 12 months.

2. Some goods can still be repossessed

Secured creditors can still repossess any assets they hold a security over (such as a house under mortgage), if you can’t make repayments.

3. Some debts are not covered

Temporary debt protection does not apply to some types of debt. These include child support, HELP debts, and fines imposed by a court.

4. Creditors can use it to bankrupt you

It doesn’t stop your creditors from lodging a creditor’s petition with the court to make you bankrupt.

TDP is an ‘act of bankruptcy’. This means a creditor could use the fact you have lodged a TDP as the basis for an application to the court to make you bankrupt.

5. Creditors can still take some actions

Your creditors can still contact you to seek payment

They can take – or continue – legal action to recover the debt

6. You are not made bankrupt

It doesn't automatically make you bankrupt. After 21 days, if you do not apply for bankruptcy, creditors can continue to pursue you for the debts.

7. It is not recorded on the public register of personal bankruptcies

The details of your TDP do not appear on the National Personal Insolvency Index (NPII).

博通律师事务所的澳洲悉尼华人民事诉讼律师在与临时债务保护相关的问题上经验丰富,我们可以帮助您更好地解决问题。

来源:澳大利亚破产管理局 (AFSA)