Will I lose my house if I go bankrupt?

Your interest in the house usually vests in the trustee, but there are often options, such as a family member buying the trustee’s interest. We explain your position before any decision is made.

Are there alternatives to bankruptcy?

Yes. Informal arrangements, debt agreements and personal insolvency agreements can all avoid bankruptcy in the right circumstances.

Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.

Debts you cannot pay.
Options you can understand.

When debts become unmanageable, there are more options than bankruptcy. We explain each one plainly, including what happens to your home, and help you choose the one that fits.

Book a free 15-minute call Call 03 8386 9502

Client reviews

Commercial law clients,
in their own words.

All 84 Google reviews

4.5★★★★★
Google rating from 84 client reviews
Every quote on this page is a public Google review, reproduced in the client’s own words. Read them all →
We engaged Joshi Lawyers for a business purchase and found them to be very professional, dedicated and helpful. Dinesh has a significant degree of knowledge in business and commercial law matters. We were advised about everything in detail and kept informed about our matter’s progress at each stage.
Anqi HuangBusiness purchase · Google review, 2017
Our first experience in Australia using any lawyer. All advice given was very fair and to the point. It was them who suggested the statutory demand process, which we used for a speedy recovery, and it worked.
GNS Group AustraliaDebt recovery · Google review, 2023
Dinesh solved my dispute in 4 months where the other lawyer I had prior took 12 months giving me no foresight on my case. Dinesh has a clear foresight in his cases and closes all objections with ease and makes you aware of your standing.
Dheeraj WadhwaniBusiness dispute · Google review, 2018
From business settlements to my recent land settlement, they have never failed to impress me. Thank you Dinesh and your team for taking the stress from us and dealing with all sorts of issues and disputes very professionally.
Aarti AroraBusiness owner and investor · Google review, 2017

Is this you?

When people come to us about personal insolvency.

Each of these is a good reason to call, and none of them is too early.

Creditors are calling and you cannot keep up with repayments.
You have received a bankruptcy notice.
You have guaranteed a business debt and the business has failed.
You want to know what bankruptcy would mean for your home and family.

How we help

The worst choice is usually doing nothing.

An informal arrangement, a debt agreement, a personal insolvency agreement and bankruptcy each have different effects on your assets, income, credit and work. The right choice depends on what you owe, what you own and what you earn.

We give you a clear picture of each option, negotiate with creditors where that can work, and act for you if a creditor has issued a bankruptcy notice or petition.

What we do

Advice on all the options, including alternatives to bankruptcy
Negotiation with creditors
Personal insolvency agreements, with a registered trustee
Responding to bankruptcy notices and petitions
Advice on guarantees given for business debts
What bankruptcy means for your home and family

Book a free 15-minute call

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs

The first call: what the real question is
Most commercial matters turn on one or two points. We find them first, so the work goes where it counts.
Within the week: a strategy and a written estimate
What a good outcome looks like, how we propose to reach it, and what it will cost, before any letter is sent.
Deadlines first
Statutory demands, court documents and notices carry short time limits. We deal with those before anything else.
From then on: one senior lawyer
You deal with the same lawyer throughout, and you are told early if anything changes.

Your team

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

Will I lose my house if I go bankrupt?
Your interest in the house usually vests in the trustee, but there are often options, such as a family member buying the trustee’s interest. We explain your position before any decision is made.
Are there alternatives to bankruptcy?
Yes. Informal arrangements, debt agreements and personal insolvency agreements can all avoid bankruptcy in the right circumstances.
What does it cost?
Most document work (leases, agreements, structures) is quoted as a fixed fee from the outset. Debt recovery is staged: a fixed fee for the letter of demand and for a statutory demand, then a written estimate for any court step. Larger matters such as a business sale or a contested proceeding are scoped and estimated in writing before we start, and you are told early if anything changes.