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Bankruptcy/Possible fraud

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Meg888 | 12:01 Mon 12th Dec 2011 | Law
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Is it possible to obtain a drinks license to run a pub if you have been discharged from bankruptcy for almost one year? Plus if someone could please explain the following in laymans terms:

Level of debt at trustee's statement of the debtor's affairs XXX

Level of assets at trustee's statement of the debtor's affairs XXX

Thanks in advance
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1. If the person is going to manage a pub owned by a company then it is up to the company to make whatever credit checks they think necessary. I would expect them to do a full one & refuse someone who has just been discharged unless there are good reasons for accepting them.

2. If the person is going to run a pub they own, the question that arises is where did the money come from to buy it - their assets should all have gone into the bankruptcy.

3. Neither of the above points answer your query about getting a license. I'm not sure, but think this is a matter for the local authority issuing the license & they may have different criteria in different areas.

4. The Trustee's statement is a record of the Insolvency Service's assessment of the amount of the bankrupt's debts and assets. It will be based on information provided by the bankrupt plus the result of any investigation done by the Trustee. If it shows nil under assets & the bankrupt ends up having sufficient money to buy a pub a year after discharge, there could be a cause to ask questions. However, it could be that the money has been provided by someone else.
To get a Personal Licence , which allows you to sell alcohol, all you have to do is attend the course and pass the exam. That covers the legal requirement to sell alcohol. You can not have any unspent criminal convictions to hold a Personal Licence but there is no requirement about bankrupcy or anything to do with credit checks.
That is only the legal position to run a pub or sell alcohol.(even in a shop)
Of course if you were working for a brewery or pub company they would want to do credit checks. I am a personal licence holder myself and hold the licence for my local community centre.
You should check with the personal bankruptcy resources available online to educate yourself thoroughly before you begin the process.
http://www.freshstartsolutions.com.au/bankruptcy-melbourne/

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