
Home Loan After Bankruptcy or a Default in Australia (An Adviser’s Honest Guide)
Fact checked
Why you can trust this article
Tabetha Luke checked this article for accuracy, lending policy context and clarity before it was published or updated.
- Written and updated by
- Richard Luke30+ years in banking and lending · Former Commonwealth Bank Lending Manager
- Reviewed by
- Tabetha LukeFully qualified mortgage broker · Home purchase & refinance specialist
What we checked
- Lending policy and eligibility information
- Government schemes where relevant
- Loan terminology and examples
- Relevant lender or regulatory information
Key Takeaways
- A bankruptcy stays on your credit report for five years from its start or two years after it ends, whichever is later. The public insolvency register entry is currently permanent.
- A default stays for five years even once paid, and a serious credit infringement stays for seven.
- Major banks typically want a clear file. Specialist lenders may consider you sooner, often with a higher rate, a risk fee and a lower borrowing limit.
- Mapping each listing’s expiry date often shows whether applying now and refinancing later costs less than waiting.
The discharge letter has arrived. Or the old phone bill that turned into a default has been paid in full. Yet the online application you lodged last weekend came back declined within minutes. A home loan after bankruptcy in Australia is harder to secure, but it is not out of reach. What usually decides the outcome is timing, meaning which records are still on your file, which lenders will look past them and what it costs to borrow before they drop off.
For many credit-impaired borrowers, the realistic path involves two loans. The first is a non-conforming home loan from a specialist lender that gets you into the property. The second is a move to a mainstream rate once your file has cleared, a step a refinancing adviser can help plan before the first loan settles.
How Long Bankruptcy and Defaults Stay on File
Each record below runs on its own clock, ranging from two years to a permanent entry:
Bankruptcy Listing
The Australian Financial Security Authority (AFSA) confirms a bankruptcy stays on your credit report for five years from the date you became bankrupt or two years from the date it ends, whichever is later.
Under the Bankruptcy Act 1966, bankruptcy usually ends three years and one day after it starts. A trustee can lodge an objection to discharge that extends it to five or eight years.
Take someone whose debtor’s petition was accepted on 1 August 2023. Discharge would normally follow on 2 August 2026, and the credit listing would run until 2 August 2028. Had the trustee objected and extended the bankruptcy to eight years, discharge would move to 2031 and the listing to 2033.
Public Insolvency Register
The National Personal Insolvency Index (NPII) is a public register that anyone, including lenders, can search, and many records stay on it permanently. The entry shows whether you have been discharged, but discharge does not remove it.
In July 2024, the government announced it would end permanent listings, so a discharged bankruptcy would be removed from the register seven years after discharge. The change has not yet been legislated, so the permanent listing remains the rule for now.
Payment Default
Under the credit reporting rules in the Privacy Act 1988, a credit provider can list a default once a debt of $150 or more is at least 60 days overdue and at least two written notices have been sent. The listing stays for five years from the date it is recorded. Paying the debt updates the status to paid, but the listing remains for the full period.
Starting the retention period from the date of default and lifting the $150 listing threshold have both been proposed during recent reviews of the credit reporting framework, but neither change has been adopted.
Serious Credit Infringement
A serious credit infringement records that a credit provider believes a borrower obtained credit fraudulently or is trying to avoid repaying. It stays for seven years and generally makes borrowing very difficult in that time. If the debt is later paid, the infringement may be removed while the underlying default stays for its five years.
Repayment History
Repayment history shows whether each monthly payment on your current credit accounts was made on time over the most recent 24 months. After two years of clean repayments, earlier missed payments no longer appear in this record, although any default stays for its own five years. Following discharge, each on-time payment on a car loan, personal loan or credit card shows how you manage credit now, which can work in your favour.
These timeframes are a general guide based on credit reporting rules current in 2026, as summarised by the Office of the Australian Information Commissioner (OAIC). Individual lenders may look further back through application questions or the public register.
Types of Lenders That Consider Bad Credit
Whether a lender will consider you depends on its clear-file rules, meaning how recent, how large and how serious a listing can be before an application is declined. Broadly, the market splits into these groups:
Major Banks
The large banks typically want a clear credit file. That usually means no current defaults and no bankruptcy still showing on the credit report. Their pricing and features are generally sharper than specialist products, which makes them the usual target for a later refinance.
Smaller Lenders
Regional banks, credit unions and some non-bank lenders may accept older defaults, particularly small paid ones such as a utility or telco bill. A bankruptcy is less commonly accepted at this level until it has dropped off the credit report.
Specialist Lenders
Some lenders in this group may consider an application soon after discharge, and some may consider unpaid defaults, depending on their number and size. Bad credit home loan applications are often placed here in the first few years after a credit event.
Private Lenders
These lenders offer short-term finance secured against property, often over terms measured in months, not years. They focus mainly on the property and the exit plan. Costs are considerably higher, and these loans generally suit only someone with a firm way to repay or refinance within the term.
Downsides of a Bad Credit Home Loan
A non-conforming home loan, often called a bad credit home loan, can get you into a property years before your file clears. The trade-offs usually show up in these areas:
Higher Interest Rate
Rates are typically higher than mainstream variable rates, and the margin generally narrows as the credit event ages. A borrower one day past discharge may sit in a higher pricing tier than one discharged 18 months earlier with a clean record since.
Assuming a rate 1.5% above a mainstream loan, a $500,000 loan would cost roughly $7,500 more in interest in the first year. How long you expect to hold the loan therefore matters as much as the rate.
Upfront Risk Fee
Many specialist lenders charge a risk fee at settlement, often calculated as a percentage of the loan and sometimes added to the balance. Because it is paid once, it weighs more heavily on a loan refinanced quickly.
A hypothetical 1% fee on a $500,000 loan is $5,000. That works out at $2,500 a year if you refinance after two years, against $1,000 a year over five.
Lower Borrowing Limit
The maximum loan-to-value ratio (LVR), the loan as a percentage of the property value, is usually lower for credit-impaired borrowers. Lenders mortgage insurance (LMI), which usually lets mainstream borrowers go above 80%, is often unavailable. The more recent the credit event, the tighter the cap tends to be.
Fewer Accepted Properties
Some lenders limit the property types they accept at higher risk tiers. Small units, rural acreage and certain regional postcodes may face stricter conditions or lower maximum LVRs. Confirming lender policy before signing a contract helps avoid choosing a property the lender will not accept.
Fewer Loan Features
Specialist products may come with fewer fixed-rate choices, limited or no offset accounts and restricted redraw. These gaps matter most if you rely on an offset to manage cash flow.
Rates, fees and borrowing limits vary between lenders and change over time, and the figures above are illustrations, not quotes.
When to Apply After Bankruptcy or a Default
The decision usually comes down to whether the extra cost of a specialist loan is smaller than the cost of waiting, and these points tend to settle it:
Reasons to Apply Now
Applying sooner may make sense when your income is stable, rent is high compared with likely repayments and the deposit reaches a lower specialist risk tier. It also tends to work when a refinance looks realistic within a few years, such as when the last listing will expire soon and your record since the event is clean.
Reasons to Wait
Waiting may cost less when the deposit only reaches the highest risk tier or income has recently changed. A serious credit infringement, or a discharge that is only weeks old, also tends to narrow choices and lift pricing. Using that time to build savings and repayment history may open cheaper options later.
Dates to Track
Each expiry date can change which lenders will consider you and at what price, and earlier dates may move you into cheaper specialist tiers before your file fully clears. A default due to expire in five months, for example, may not justify a specialist loan that carries a risk fee and possible exit costs.
Enquiries to Limit
Applying for credit can add an enquiry to your report, and the OAIC confirms enquiries are kept for five years. Several applications close together may suggest to a lender that you have been declined elsewhere, so confirming lender policy before applying can help avoid adding more.
What Lenders Check in Your Application
Beyond the dates, lenders want to know why the event happened and what has changed since, and they usually look at:
Written Explanation
Many lenders ask for a short written explanation covering what happened, what has changed and why it is unlikely to recur. A bankruptcy that followed a business failure, serious illness or relationship breakdown is generally viewed differently from repeated missed payments across several accounts. A clear, honest account backed by documents can carry weight with specialist assessors.
Recent Conduct
Lenders look for no new arrears or defaults since the event, rent paid on time and bills managed without collection activity. A rental ledger or bank statements showing consistent rent payments can help fill the gap when there is little new credit to show.
Genuine Savings
Savings built steadily over several months show the discipline lenders want to see after a credit event. Several common ways to buy with less than 20% saved depend on mainstream credit approval, so the paths low deposit home loan advisers usually compare may narrow while a listing is current.
Income Stability
Steady employment with a clear history is generally preferred, and many lenders set a minimum time in your current role. Where bankruptcy followed a failed business, a return to self-employment may bring closer scrutiny of tax returns and business accounts. How lenders assess that income once the new business has a trading record varies widely, and self-employed home loan advisers compare those policies across lenders.
Default History
Paid defaults are generally viewed more favourably than unpaid ones, since settling the debt shows the obligation was taken seriously. A single small telco default from four years ago may barely register with some lenders, while several recent unpaid defaults may limit you to the specialist market.
Credit Report Errors
Your file is assessed as it stands, so an error can cost you a lower risk tier or a mainstream approval. Examples include a discharge date that was never recorded, a default listed twice or a debt covered by the bankruptcy still showing as owing.
The OAIC confirms you can get your credit report from each credit reporting body free once every three months, and AFSA notes that discharged bankrupts can ask those bodies to record the discharge date. Checking every report matters, because lenders do not all use the same one.
When to Refinance to a Mainstream Lender
A move to a mainstream lender usually becomes possible once your file has cleared and the specialist loan has been well managed for a while, with these points shaping the timing:
Clean Repayment Record
Mainstream lenders typically want a run of on-time repayments on the specialist loan before considering a refinance. The required period depends on each lender’s policy and the nature of the original credit event. A single missed payment in that time may reset the clock with some lenders, so a buffer in the household budget from settlement onwards helps protect that record.
Final Listing Expiry
The date your last listing drops off is often the earliest realistic point to move to a major bank. Some specialist lenders also review pricing once a borrower has held the loan for a set period. Weighing repricing versus refinancing at that stage may show whether a lower rate from your current lender avoids switching costs altogether.
Early Exit Costs
Some specialist products carry early repayment charges or deferred establishment fees in the first years. These sit on top of the discharge fee most lenders charge and any break costs for leaving a fixed rate early. Reading these terms before the first loan settles makes the refinance date easier to plan.
Equity Position
A refinance is usually cheapest once the loan sits at 80% LVR or lower, the level at which most mainstream lenders stop charging LMI. A property bought with a smaller deposit may need more time, or a fresh valuation, before the numbers suit a mainstream lender.
Refinance timing depends on each lender’s policy and your own position, so these points are a general guide only.
Map Your Listing Dates
Request your credit report from each credit reporting body and note the start and expiry date of every listing, along with your discharge date if you have been bankrupt. With those dates on one page, an application and a later refinance can be timed around them.
If you are weighing up a home loan after bankruptcy or a default, Richard and our Sunshine Coast finance advisers at Ausfirst Lending Group can talk you through the options that suit your circumstances.
Frequently Asked Questions (FAQs)
1. Can you get a home loan while still bankrupt?
It is possible but uncommon. Lenders, including many specialist lenders, typically require discharge before they will assess a home loan.
Under the Bankruptcy Act 1966, you must tell a credit provider you are bankrupt before obtaining credit above an indexed amount published by AFSA. Failing to do so is a criminal offence.
2. Do you have to disclose a bankruptcy that is no longer on your credit report?
Many home loan applications ask whether you have ever been bankrupt, not only whether a bankruptcy appears on your current report. Answers must be truthful.
Because the NPII record is currently permanent, a lender can find the bankruptcy independently. Disclosing it upfront with a short explanation is generally received better than a lender discovering it during assessment.
3. Can a credit repair business remove a bankruptcy or default?
Only information that is incorrect, or that should never have been listed, can be removed. A correctly listed bankruptcy or default stays until its retention period ends, whoever asks for removal. You can request a correction from the credit provider or credit reporting body yourself without paying a fee.
Under the Privacy (Credit Reporting) Code 2025, a credit reporting body must also destroy default information on request when the debt has become statute-barred, meaning it can no longer be legally recovered because of its age.
Our team can go through your credit reports with you to spot listings that may qualify.
4. Does a financial hardship arrangement count as a default?
No. Since credit reporting changes began on 1 July 2022, a hardship arrangement agreed with your lender has been recorded as financial hardship information. It cannot be used to calculate your credit score, and the OAIC confirms it stays on your report for one year.
Your repayment history during the arrangement is reported against the agreed payments, so keeping to them helps protect your file.
5. Does a debt agreement affect a home loan the same way as bankruptcy?
A debt agreement is a less severe insolvency event, but lenders still treat it seriously. The OAIC confirms it stays on your credit report for the later of five years from the date it was made or two years from the date it ends, is terminated or is declared void.
If the agreement is completed, AFSA removes its NPII entry five years from the date it was made or when the obligations are discharged, whichever is later. Some specialist lenders may want the agreement completed, or well advanced, before assessing a home loan.
6. Can you use the 5% Deposit Scheme after bankruptcy or a default?
The Australian Government 5% Deposit Scheme, administered by Housing Australia, has its own eligibility criteria. The loan itself still needs approval from a participating lender.
Even if you meet the scheme criteria, you may not get a home loan if you do not meet that lender’s credit requirements.
7. Can a partner or family guarantor help you qualify?
A partner with a clear file may be able to apply alone, although the lender will still count shared household expenses. Putting the property in one name also carries legal and financial implications.
A family guarantee can reduce the deposit needed, but the lender still assesses the borrower’s own credit history. Some lenders may not accept a guarantee where the borrower has a recent credit event, which is one reason family guarantee home loan advisers check lender policy on both parties before an application.
This article provides general information only and does not take into account your objectives, financial situation or needs. Credit reporting rules, insolvency law and lender policies can change, and outcomes depend on individual circumstances and lender assessment. You may wish to speak with a qualified professional, such as a licensed credit adviser, financial counsellor or lawyer, before acting on any of this information.
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