What does it cost to go bankrupt?
It does not cost anything for people to declare themselves bankrupt. Similarly bankrupts discharged without making any payments towards their debts do not have to pay any fees. Where a bankrupt's trustee collects (realises) money through either the recovery or sale of assets or through contributions, fees and percentages are payable to the Trustee as follows:
- an 8% charge is payable to the Commonwealth on gross realisations [Bankruptcy (Estate Charges) Act 1996]
- fees payable to the Official Trustee - a flag fall fee of $4500 (incl GST) on the first $4500 (incl GST) realised and a percentage on the balance [Bankruptcy Regulations 1996 Reg. 16.07 & 16.08]. Private trustees fees are based on an hourly rate.
In addition the Federal Court/Federal Magistrates Court filing fee is $606/288 for a person and $1453/576 for a company. These fees are to be increased annually. This fee is not payable to go bankrupt but may have to be paid if a person applies to the court for an order (for example, for a creditor's petition or for an annulment from bankruptcy).