THE STIGMA OF BANKRUPTCY
For many years, going bankrupt has had a horrible social stigma attached to it. People who went bankrupt were shunned like lepers and it was embarrassing for others to be seen in their presence. Today, bankruptcy is more of a private affair, as the social environment has changed and news of your bankruptcy no gets passed around quickly on the street. Nevertheless, the stigma is still unavoidable when your colleagues become informed.
There are many negative connotations that are placed upon a bankruptee and their way of life. The most obvious would be the assumption that they can not handle their finances properly, whereas this is not always the case. Many bankruptcies are caused by illness or other reasons unrelated to the handling of money.
The stigma is most prevalent in the business community. Since business involvement is linked to financial success, a bankruptee is considered a failure in business circles and someone to be avoided. If another businessman were to be involved with a bankruptee, others would be reluctant to deal with them upon gaining this knowledge.
It is an almost childish association that our society continues to invoke. Just like the school days where if you were friends with the person with bad body odour, it was naturally assumed that you suffered from the same affliction. Today, if you are associated with the ex-bankrupt, it is also assumed that you are also a failure in financial matters.
BANKRUPTCY EFFECTS
Bankruptcy isn’t just a magic formula that removes all monetary liabilities. There are repercussions in making the decision, of which many will be ongoing for a number of years after the minimum 3 year bankruptcy period has ended. Some of the issues facing bankruptees are:
- A personal income cap threshold will be enforced during bankruptcy; of which the bankruptcy trustee will be entitled to claim a 50% portion of any income earned above the cap. The threshold is set relatively high; ensuring the majority of people will never be affected. It is also adjusted bi-annually to allow for inflation, as well as being increased if the bankruptee has dependants.
- Loans will be virtually impossible to secure whilst undischarged from bankruptcy. After being discharged, the bankruptcy will remain on the persons credit file for a further 4 years. During this period, most banks will outright reject applications for unsecured lending products such as personal loans and credit cards. Loans backed by security such as cars and houses will still be possible, although the lenders may impose stricter approval conditions such as higher loan deposits.
- Overseas travel could be affected. Although the bankruptcy does not strictly enforce a ban on travelling overseas, it does have restrictions, and permission needs to be sought from the bankruptcy trustee before travelling. In some cases, the trustee will request you to hand in your passport when becoming bankrupt.
- Major assets will be lost and any assets aquired during the bankruptcy period may face the same fate. Any investment properties, shares, boats and other investments will be sold to pay back your creditors. If you have an expensive car, that will disappear too, as only cheap cars are free from the asset sale. Your house of residence may be sold depending on how much equity it contains and whether it is jointly owned. However, superannuation can not be touched by the trustee unless you have used it to stash your assets pre-bankruptcy.
- Bankruptcy law requires you to reveal that you are presently an undischarged bankrupt to all business partners. If you operate under a trading name, you must disclose this fact to all parties that you have financial dealings with. The ATO must also be advised so they can separate pre-bankruptcy GST from the post-bankruptcy amounts.
- Future employment opportunities will be limited, as a large number of jobs require licences; even for simple roles such as car salesmen or security guards. Being an undischarged bankrupt will prevent you obtaining most licences. Any jobs involving handling of money will be difficult to obtain, and you will also be prevented from being a director of a company without special court approval.
- Everyday home comforts will be more difficult to secure. To get basic utilities such as water, power and the telephone connected at your residence, you may be required to pay an upfront bond. Insurance may also be hard to get or renew.
- Your details will remain on the public record forever and some of your information will be available to be searched by the general public. Whilst bankrupt, you will have to obtain permission from the courts to hold certain public positions. Additionally, you will be unable to continue most legal actions or take them while being an undischarged bankrupt.
RISING FROM THE ASHES
After biding your time through the bankruptcy period, it is clear there are still lingering effects after being discharged. Fortunately, you are not branded with a mark on your forehead to advise the public that you have previously been bankrupt; although there may be internal scars that will never heal. But does a bankruptcy mean that your dreams of being a financial success are gone forever?
The bankruptcy stigma may be hard to shake, but there have been a number of people who have managed to become financially successful after being bankrupt. We only need to consider their examples as what can be achieved after bankruptcy as proof that it is certainly possible to escape the stigma and become a success.
Donald Trump is one of the more high profile ex-bankrupts to have rebuilt his empire. Like many other businessmen, he has used his misfortune as a learning experience and taken lessons from it, rather than sulking about for the rest of his life.
Even the notorious Alan Bond has recovered from his financial troubles, and in 2008 was named in Business Review Weekly’s Rich 200 list, with an estimated wealth of $265 Million. BRW has stated that Bond’s fortune estimate was ‘conservative’, so it has the potential to rise even further in the 2009 list figures.
Trump and Bond were both successful businessmen before their bankruptcy, so they had the knowledge and contacts to rebuild their empires after being discharged. But, there are also many individuals who have made their fortune only after finding failure first.
Walt Disney is a classic example. After losing $15,000 of investor’s funds in his first animation company, he went bankrupt in 1923. Although unlike Bond, Disney didn’t hide behind the bankruptcy forever and went on to repay his investors after hitting jackpot of success with Mickey Mouse.
Individuals who have fallen hard on financial difficulties shouldn’t despair over a potential bankruptcy. They should gain inspiration from the stories of people who have risen from ashes and found success in life.
