Can a bankrupt keep the domestic helper

I dont have to pay rent to my mother-in-law but rather pay for a domestic helper to care for her needs as she is old. The Trustee told me I cannot keep the helper. I talk to my in-laws and they said they can offer financial help to hire my helper. But what about the contract?... I dont want to terminate the contract, can I keep the contract?


Will the Immigration know about employers being bankrupt?


Thank you for advising me

Go to a good Accountant who is experienced in handling IVA or bankruptcy, dont go to Lawyers yet. I have so many good grounds to keep my maid like my in-law had suffered from cancer before, take care of my children... etc but the Trustee dont allow. Even if I am non-Chinese, I cannot allow my children to go to International School which they are attending. I dont like bankruptcy, I applied for IVA because both of us working but now 3 members in my family jobless, this global crisis is worse than 1997 or SArs that I experience. No matter what good grounds you have, they would not allow you. So I am trying to ask if the Immigration would allow me to at least finish the contract and my relatives pay....


One thing different from asking an experienced Accountant and a lawyer is the Accountant would know what is not allowed and they are able to calculate the poss amount of payment. This is what I experienced.

As long as the employment contract with the helper is active, and you don't notify immigration that it is terminated it will remain valid.


When the contract expires and you can prove to immigration (whatever way you can) that you can still afford the services of the helper, there's no reason why the contract will not be renewed.


IMHO, Immigration has got nothing to do with bankruptcy. So I don't understand why the "trustee" (who is he/she anyway?) would say that the helper needs to go. And what reason was given why she has to go?

I am no expert but from the creditors point of view, if somebody is unable to pay their debt(s) and bankruptcy is declared to defer the payment(s), it makes a perfect sense for the trustee to refuse you the facility of helper as their main objective is to recover their debt as early as possible. May be by transfering your helpers contract to your in laws would work but in case if she is not staying with you then that would be a problem for your kids.

Yes, I went to IBC Solutions. I applied IVA thru them and at that time my husband and my son has job. I applied IVA in July and got it approved only in October, longer than bankruptcy. 6 banks/Finance company already stop chasing me since I applied but 4 kept chasing me and I have to pay until my IVA was approved. Oct Venetian stop the construction that my husband was working on, so unable to pay IVA so IBC suggest bankruptcy as I was already default on 2 payment. IBC told me to transfer the Domestic helper contract to my husband because big poss that trustee will not allow but did not listen, actually IBC knows what is allowed and not allowed allowance. Whilst when I went to a law firm, they did not tell me what allowance is allowed or not allowed. So when my bankruptcy was ok, trustee told me not allowed this, not allowed that etc....

01/ Can only go to Govt doctor/hospital (IVA no need)

02/ Each time you travel, you must report and who paid for the fare (IVA no need)

03/ Many restrictions.


But if you go to law firm, you dont have to go for the hearing and do the paper work as they will do it for you. For accountant like IBC solution, they will really calculate for you what's best. IBC is good, they help me terminate my IVA on the right time that creditors wont chase me as my bankruptcy is already filed.


But if you go to a law firm, saves your time... ask them what allowance is allowed and what not.. and Trustee will not fully agreed with what you usually spend each month. Like my support to my parents $3000 but only $1500 allowed and it must be in your Tax Return that you are giving allowance.


I already email Immigration regarding the DH and what they send me is the link to how to apply for Domestic helper. They were not direct to the point "Can a bankrupt keep her Domestic Helper"... not even any law firm can also answer this and not even Immigration. If you have any reply to this, would appreciate it.


Let me know also if I can be of any help....

Bankruptcy rules are pretty much unbendable and are for good reason. A domestic helper is a luxury you do not actually need. If your parents can pay then you should terminate the helper and your parents should start the process for employing her.


You must understand that bankruptcy places all financial decisions in the hands of another until such time as it is discharged. You have got into a mess and others are helping you out of it, however that means pain and not living life as you once did and which probably got you into this situation in the first place.

I got into this mess and I repented and I applied for IVA really to pay. Who would know that my business fail, now 3 members in my family jobless in just a span of 5 months, faster then the 1997 crisis and SARS. If I didnt stay with my Mother-in-Law and I dont have to pay rent to her and if she hadnt had cancer before and if she hadnt faint in the street, I wil not hire a helper even if I could afford it as my children is big. I didnt even live a life in luxury to get into this mess, I was too kind maybe to others and to my relatives. I dont even have LCD TV or HD or sofisticated electrical appliances.... But anyway, even if I am bankrupt, I have to also pay a certain amount each month and I will be willing to even pay more if my 3 members has job already. I really regret so much.. regret so much. But with my double pay and monthly bankrputcy contribution, its paid around half of the money I owed. But also happy that I have no more reasons to owe banks or credits and happy to spend what I have.......

Hi There,


My friends hubby is thinking of going bankcrupt. What is the full name and tel no. of IBC .


Thanks appreciate the details

I am basing this on my experience and hope it helps to those who wants to apply for bankruptcy of IVA:-


01/ Open a new bank or payroll account that you dont owe money so that in future

even if your bank account is freezed, it would be alot easier to get your money.

02/ Get all your money out

03/ Inform your company your new payroll account


I went to the law firm on a THURSDAY, gave all my documents like existing bank statement, ID number of my dependant children, ID number of dependant parent, Rental receipt, your monthly bills, your one year earnings (month by month), Tax return, you'll be asked if you have car, Life insurance (no longer allowed).


Then on Saturday, I was called to do swearing of affirmation. Then on Monday, they submitted the bankruptcy Order. Then I think after 2 weeks, they got the Order for Hearing. The process takes around1 and half month.


Your lawyer will give you a Prelimary Statement of Account or something so you can prepare what you need to show to the Trustee.


But do bear in mind that there will be once or even twice that the Bank (new account) have already frozen your bank and this time the lawyer have prepare a Affidavit to have your bank unfreezed the account so you can get your salary, I was unlucky my account was frozen twice due to the salary coincide with the Court Hearing. At the day of the Court Hearing, if you hire a lawyer, there is no need for you to attend the Hearing, there wil be a letter for you a few days before your Court Hearing that you must contact the Official Receiver at around 5:00pm so he will let you know which Trustee to go to.


Then you will meet your trustee's secretary for Preliminary examination, she will give you a letter to show to the bank to either keep your existing account or open a new one. Then after 1 week, they wil call you up for a 1 hour meeting to decide what to do with your finance.

Very interesting. Thanks for the information.


With regards to keeping the helper, you should be able to keep her at least up to the end of the current contract. There's a very big chance that immigration dept has no "communication" and knowledge of your bankruptcy proceedings. Meaning that the visa is still going to be valid until the date stamped on the passport.


On the other hand, the trustee would not approve entries of payment to the helper from your list of expenses. So if the in-laws have offered to defray helper cost, get the cash from them and pay the helper.