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Bankruptcy Cuba Process Help 277-30010050



This page contains the processes for viewing, recording, maintaining, discharging, cancelling and finalising a bankruptcy record in Cuba.

On this Page:

View a bankruptcy record

Record a new bankruptcy record

Maintain a bankruptcy record

Discharge a bankruptcy - maintenance and non-maintenance debt (Single case)

Discharge a bankruptcy - maintenance and non-maintenance debt (Multiple cases)

Discharge a bankruptcy - non-maintenance debt only (no court order)

Cancel a bankruptcy record

Finalise a bankruptcy record

View a bankruptcy record

Steps for viewing a bankruptcy record

This table describes the processes for viewing the details of an active or previously discharged bankruptcy record.

Step

Action

1

Start point - View a bankruptcy record + Read more ...

Start point: Record Bankruptcy window

2

View a single record + Read more ...

Click a record in the Bankruptcy List box. If a Discharge Date is not displayed in the Bankruptcy List box or the Bankruptcy Details group box, the bankruptcy record is still current and has not yet been finalised.

Note: the Provable Debt at Sequestration Date group box displays the original provable debt at the date of sequestration, regardless of any changes made via the Bankruptcy Maintenance window.

3

View events recorded for a single bankruptcy + Read more ...

From the Bankruptcy Maintenance window, click a record in the Bankruptcy History group box. The following will be displayed:

  • the Event type and Effective Date of the event will be displayed in the Event group box
  • the Provable Debt group box will also display the provable debt amounts as at the Effective Date of the selected event

Note: if there are no events listed, there have been no changes recorded to that bankruptcy.

Click the Close icon to return to the Record Bankruptcy window.

Record a new bankruptcy record

Steps for recording a new bankruptcy record

This table describes the process for recording a new bankruptcy record.

Step

Action

1

Start point - Record a new bankruptcy record + Read more ...

Start point: Record Bankruptcy window

2

Enter the sequestration details + Read more ...

  • Click the New icon to open the Calculate Provable Debts dialogue box
  • Type the sequestration date in the Sequestration Date field
  • Click the OK button to return the Record Bankruptcy window

The Sequestration Date field of the Bankruptcy Details group box will now be populated.

In the Bankruptcy Details group box:

  • Type the sequestration number in the Sequestration Number field
  • Select the state the bankruptcy was declared in from the Declared In drop down box

The Provable Debt at Sequestration Date group box fields will automatically populate with the relevant debt amounts on the date of sequestration.

3

Enter the trustee details + Read more ...

Note: a trustee can be either an organisation or an individual.

If the trustee is an individual, click the Individual tick box in the Trustee Details group box.

Click the Triangle button to open the:

  • Find Customer dialogue box if the trustee is an individual, or
  • Organisation Find dialogue box if the trustee is an organisation

Search for the customer or organisation.

When the correct record is located/created in Cuba:

  • click the record in the List Customer window, then
  • click the Select icon, to return to the Record Bankruptcy window. The trustee's record will be displayed in the Trustee Details group box
  • type the contact officer's name in the Contact Officer field of the Trustee Detail group box (if available)

4

Save and document the bankruptcy update + Read more ...

Click the Save icon. Once the window is saved, the:

  • Discharge Date field is enabled

If the discharge date is provided, do not type the date into the Discharged Date field at this time. The bankruptcy may be unable to be properly discharged or finalised when required.

  • Cancel Bankruptcy tickbox is enabled
  • Issue Proof of Debt button becomes enabled
  • bankruptcy record is listed in the Bankruptcy list field

Click the Notepad icon to open the Notes window. Add a note and document the details of the bankruptcy and any conversations had with the customer or trustee.

5

Issue a Proof of Debt (SO5) + Read more ...

Obtain Service Officer approval for a Proof of Debt (POD) letter to be issued.

To issue a POD:

  • click the most current record in the Bankruptcy List box. The Issue Proof of Debt button will be enabled
  • click the Issue Proof of Debt button to generate a proof of debt letter to the trustee. The POD can only be issued manually

Maintain a bankruptcy record

Steps for maintaining a bankruptcy record

This table describes the processes for maintaining a bankruptcy. Only a current bankruptcy record (not discharged) can be updated.

Step

Action

1

Start point - Maintain a bankruptcy record + Read more ...

Start point: Record Bankruptcy window

2

Change the trustee's details + Read more ...

Click the most recent (top) record in the Bankruptcy History list box.

If the trustee is an individual, click the Individual tick box in the Trustee Details group box.

Click the Triangle button to open the:

  • Find Customer dialogue box if the trustee is an individual, or
  • Organisation Find dialogue box if the trustee is an organisation

Search for the customer or organisation.

  • If the customer or organisation does not exist in Cuba create a new customer record, or
  • use the Add Attributes Request macro to request employer services create a new organisation record.

When the correct record is located/created in Cuba:

  • click the record in the List Customer window, then
  • click the Select icon, to return to the Record Bankruptcy window. The trustee's record will be displayed in the Trustee Details group box
  • type the contact officer's name in the Contact Officer field of the Trustee Detail group box (if available)
  • click the Save icon. Once the window is saved, the new detail is reflected in the Bankruptcy List box

If the provable debt amount has also changed, continue to the next step. If not, go to Step 4.

3

Change the provable debt amount + Read more ...

From the Bankruptcy Maintenance window click the most recent (top) record in the Bankruptcy History list box.

  • Click the New icon.
  • In the Event group box, click the radio button that corresponds with the reason for the change to the provable debt:
    • If a payment has been made towards the provable debt, click the Payment radio button
    • If a variation has been made to the case and the original provable debt has changed, click the Variation radio button
  • Type the date the change occurred in the Effective Date field
  • Type the new provable debt amounts in the relevant fields of the Provable Debt group box
  • Click the Save icon. The updated record will now be at the top of the Bankruptcy History list box

4

Document the decision + Read more ...

  • Click the. Save icon. The updated record will now be at the top of the Bankruptcy History list box
  • Click the Notepad icon to open the Notes window. Document the details of the bankruptcy and any conversations had with the customer or trustee
  • Click the Close icon to return to the Record Bankruptcy window

5

Reissue the Proof of Debt (SO5) + Read more ...

  • Click the most current (top) record in the Bankruptcy List box. The Issue Proof of Debt button will be enabled
  • Click the Issue Proof of Debt button to generate a proof of debt letter to the trustee. The POD can only be issued locally

Discharge a bankruptcy - maintenance and non-maintenance debt (Single case)

Steps for processing a Court Ordered discharge of maintenance and non-maintenance debt (Single case)

This table describes how to discharge non - maintenance and/or maintenance debt when a bankruptcy is discharged on a single case. Debts are to be discharged prior to finalising the bankruptcy record in Cuba.

Step

Action

1

Start point - Court Ordered discharge of maintenance and non-maintenance debt (Single case) + Read more ...

Start point: Discharge Irrecoverable Debt window

2

Discharge the maintenance debt + Read more ...

  • In the Discharge Irrecoverable Debt window, click the New icon
  • Type the maintenance debt amount to be discharged (if different to currently displayed) in the Maintenance field of the To Be Discharged column of the Client Current Debt group box

3

Discharge the non-maintenance debt + Read more ...

Type the relevant amounts of costs and fines, penalty and consolidated revenue debts to be discharged (if different to currently displayed) in each of the fields of the To Be Discharged column of the:

  • Client Current Debt group box if a customer, or
  • Employer Current Debt group if an employer

In the Irrecoverable Debt Details group box:

  • select COURT ORDER from the Reason drop down list. This will populate the Reference No field with the active bankruptcy number as recorded in the Record Bankruptcy window

If the Reason COURT ORDER is not available, seek technical support. See Technical Support in Child Support. Do not select the Reason DEBT WAIVED without Department of Finance approval for a waiver.

  • type the bankruptcy discharge date in the Finalisation Date field
  • click the Save icon

4

Document the decision + Read more ...

  • Click the Notepad icon to open the Notes window
  • Document the details of the discharge and any conversations had with the customer or trustee

If the bankruptcy has now been finalised, go to Finalise a bankruptcy record.

Discharge a bankruptcy - maintenance and non-maintenance debt (Multiple cases)

Steps for processing a Court Ordered discharge of maintenance and non-maintenance debt (Multiple cases)

This table describes how to discharge non - maintenance and/or maintenance debt when a bankruptcy is discharged on multiple cases. Debts are to be discharged prior to finalising the bankruptcy record in Cuba.

Step

Action

1

Start point - Court Ordered discharge of maintenance and non-maintenance debt (Multiple cases) + Read more ...

Start point: Discharge Arrears window for the relevant case

2

Discharge the maintenance debts on each case + Read more ...

  • Click the New icon
  • Type the calculated maintenance amount of the provable debt to be discharged for the relevant case in the Amount to be Discharged text box
  • Select BANKRUPTCY from the Reason drop down list in the Discharge Action group box
  • Click the Save icon. The discharge record will display in the Discharge List box
  • To open the Notes window, click the Notepad icon. Document the details of the discharge and any conversations had with the customer or trustee
  • Repeat the above steps in the Discharge Arrears window of any other cases

To discharge costs and fines, penalty and consolidated revenue debts, go to the Discharge Irrecoverable Debt window, then continue to the next step.

If there are no further non - maintenance debts to be discharged, and the bankruptcy has now been finalised, go to Finalise a bankruptcy record.

3

Discharge non maintenance debt + Read more ...

In the Discharge Irrecoverable Debt window, click the New icon.

Type the relevant amounts of costs and fines, penalty and consolidated revenue debts to be discharged (if different to currently displayed) in each of the fields of the To Be Discharged column of the:

  • Client Current Debt group box if a customer, or
  • Employer Current Debt group if an employer

In the Irrecoverable Debt Details group box:

  • select COURT ORDER from the Reason drop down list. This will populate the Reference No field with the active bankruptcy number as recorded in the Record Bankruptcy window

If the Reason COURT ORDER is not available, seek technical support. See Technical Support in Child Support. Do not select the Reason DEBT WAIVED without Department of Finance approval for a waiver.

  • type the bankruptcy discharge date in the Finalisation Date field
  • click the Save icon

4

Document the decision + Read more ...

  • Click the Notepad icon to open the Notes window
  • Document the details of the discharge and any conversations had with the customer or trustee

If the bankruptcy has now been finalised, go to Finalise a bankruptcy record table.

Discharge a bankruptcy - non-maintenance debt only (no court order)

Steps for discharging of non-maintenance debt only (no court order)

This table describes how to discharge non-maintenance debt only when a bankruptcy has been discharged. Debts are to be discharged prior to finalising the bankruptcy record in Cuba.

Step

Action

1

Start point - Discharge non-maintenance debt only (no court order) + Read more ...

Start point: Discharge Irrecoverable Debt window

2

Discharge non - maintenance debt + Read more ...

In the Discharge Irrecoverable Debt window, click the New icon.

Type the relevant amounts of costs and fines, penalty and consolidated revenue debts to be discharged (if different to currently displayed) in each of the fields of the To Be Discharged column of the:

  • Client Current Debt group box if a customer, or
  • Employer Current Debt group if an employer

In the Irrecoverable Debt Details group box:

  • select COURT ORDER from the Reason drop down list. This will populate the Reference No field with the active bankruptcy number as recorded in the Record Bankruptcy window

If the Reason COURT ORDER is not available, seek technical support. See Technical Support in Child Support. Do not select the Reason DEBT WAIVED without Department of Finance approval for a waiver.

  • type the bankruptcy discharge date in the Finalisation Date field
  • click the Save icon

3

Document the decision + Read more ...

  • Click the Notepad icon to open the Notes window
  • Document the details of the discharge and any conversations had with the customer or trustee

If the bankruptcy has now been finalised, go to Finalise a bankruptcy record table.

Cancel a bankruptcy record

Steps for cancelling a bankruptcy record

This table describes how cancel a bankruptcy record. A bankruptcy record can be cancelled at any time, providing the record does not have a discharge date.

Step

Action

1

Start point - Cancel a bankruptcy record + Read more ...

Start point: Record Bankruptcy window

2

Cancel the record + Read more ...

  • To select the record to be cancelled, click the relevant record in the Bankruptcy List box. The Cancel Bankruptcy tick box will be enabled
  • Click the Cancel Bankruptcy tick box
  • Click the Save icon. The record will be cancelled and deleted from the Bankruptcy List box

Finalise a bankruptcy record

Steps for finalising a bankruptcy record

This table describes how to finalise a bankruptcy record in Cuba.

Step

Action

1

Start point - Discharge a bankruptcy record + Read more ...

Start point: Record Bankruptcy window

2

Record the discharge date + Read more ...

The appropriate discharges must be processed prior to finalising the bankruptcy record.

Type the date of the discharge in the Discharge Date field in the Bankruptcy Details group box.

3

Document the decision + Read more ...

  • Click the Notepad icon to open the Notes window. Document the reason for your decision
  • Click the Save icon to save the notepad, and return to the Record Bankruptcy window