Read individual provisions, follow the section sequence and explore related case citations.
Browse Acts ↓(1) If required by the bankruptcy trustee to do so, the bankrupt shall pay an amount or periodic amounts during the bankruptcy as a contribution towards payment of the bankrupt's debts. (2) The bankruptcy trustee may impose conditions with respect to the payments, including conditions as the dates o…
If a bankrupt fails to make a payment required under section 150, the onus is on the bankrupt in any proceedings arising out of the failure to show that the failure was not deliberate.
(1) An undischarged bankrupt shall not, without the consent of the bankruptcy trustee or the Court (either directly or indirectly)— (a) enter into, carry on, or take part in the management or control of any business; (b) be employed by a relative of the bankrupt or (c) be employed by a company, trus…
(1) The Court may issue a search warrant to the bankruptcy trustee or any other person if it reasonably believes that any relevant property is concealed in a specified place. (2) The warrant may authorise the bankruptcy trustee or other person named in the warrant, together with any assistants that…
(1) If authorised by a warrant issued by the Court, the bankruptcy trustee or (if not the bankruptcy trustee) the Official Receiver, with such assistants as are considered necessary— (a) may seize any part of the bankrupt's property that is under the control of the bankrupt or of any other person; a…
(1) The bankruptcy trustee may require the bankrupt and relatives of the bankrupt to vacate any land or building that is part of the property vested in the bankruptcy trustee under the bankruptcy. (2) If the bankruptcy trustee's demand is not complied with, the bankruptcy trustee may apply to a cour…
A bankrupt is entitled at any reasonable time to inspect and to take copies of— (a) the bankrupt's accounting records; (b) the bankrupt's answers to questions put to the bankrupt in the course of an examination under this Act; (c) the statement of the bankrupt's financial position; (d) all proofs of…
(1) After the bankruptcy commences, the bankrupt, and any person (other than the bankruptcy trustee) who claims through or under the bankrupt, ceases to be entitled— (a) to recover property that is part of the bankrupt's estate; or (b) to give a release or discharge in relation to that property. (2)…
(1) After the bankruptcy has commenced, the bankrupt may not execute a power of appointment, or any other power vested in the bankrupt, if the result would be to defeat or destroy any contingent or other estate or interest in any property to which the bankrupt may otherwise be beneficially entitled…
(1) As soon as practicable after becoming aware or formings reasonable suspicion that a customer is an undischarged bankrupt, a bank shall— (a) notify the bankruptcy trustee of any account that the customer holds with the bank; and (b) not pay any money from the account, unless subsection (2) applie…
(1) The Official Receiver may, by notice, require a bank to search its account records by comparing the names of its customers with the names (including any aliases) of undischarged bankrupts specified in the notice or in a list that is attached to it. (2) Within seven days after receiving the notic…
(1) A bankrupt may choose and retain as the bankrupt's own property assets of a description specified in subsection (2) up to a maximum value determined in accordance with subsection (3). (2) The assets are— (a) the bankrupt's necessary tools of trade; (b) necessary household furniture and personal…
A bankrupt may retain necessary tools of trade and necessary household furniture and effects that are worth more than the maximum value fixed in accordance with section 161, if the bankrupts' creditors consent to it by an ordinary resolution passed at a creditors' meeting.
(1) Subject to subsection (2), the retention of an asset by the bankrupt under section 161 or 162 does not affect rights arising under a valid charge, bailment contract or credit purchase transaction in respect of the asset. (2) In relation to goods that that are in the possession of the bankrupt un…
The fact that the net value of the assets that the bankrupt retains is less than the maximum values specified in section 161 does not give the bankrupt any rights in relation to other assets in the bankrupt's estate.
If the bankrupt has died, a relative or dependant of the bankrupt, who has been approved for this purpose by the bankruptcy trustee or the Court, may exercise the right to retain assets under section 161 or 162 for the benefit of the bankrupt's relatives and dependants.
The bankruptcy trustee may make an allowance out of the property of the bankrupt to the bankrupt, or to any relative or dependant of the bankrupt, for the support of the bankrupt and the bankrupt's relatives and dependants.
(1) The bankruptcy trustee may allow the bankrupt to retain, for the immediate maintenance of the bankrupt and the bankrupt's relatives and dependants, money up to the prescribed limit that the bankrupt has in the bankrupt's possession or in a bank account when the bankruptcy commenced. (2) For the…
(1) The bankruptcy trustee may, at any time before or after a bankrupt's discharge— (a) serve on any of the persons listed in subsection (2) a summons to appear before the bankruptcy trustee or the Court to be examined on oath in relation to the bankrupt's conduct, affairs or property; and (b) requi…
(1) The bankruptcy trustee may examine on oath the persons summoned for examination in accordance with section 168. (2) The bankruptcy trustee shall ensure that the examination is recorded in writing, and that the person summoned signs the written record unless excused from doing so. (3) If person,…
A person who is summoned for examination by the bankruptcy trustee— (a) is entitled to be paid the expenses incurred in attending the examination, not exceeding the amount prescribed by the insolvency regulations for the purposes of this section; and (b) is not obliged to attend the examination if t…
(1) A person who is examined or questioned at an examination by the bankruptcy trustee is entitled to be represented by an advocate. (2) Such a person may be questioned by the bankrupt's advocate, and any answers given by the person form part of the examination.
A creditor, or the creditor's advocate, is entitled at any reasonable time to inspect the record of the examination of a person conducted in accordance with section 169.
(1) A person shall not, without the approval of the Court, publish a report of— (a) any examination of a person summoned for examination by the bankruptcy trustee; or (b) any matter arising in the course of the examination. (2) A person who wishes to publish a report of such an examination or matter…
Sections 168 to 173 also apply when the bankruptcy trustee has been appointed as interim trustee in respect of all or part of a debtor's property under section 36 and, for that purpose, references in sections 168 to 173 to the bankrupt are to be read with as if they were references to the debtor.
(1) A person is not entitled as against the bankruptcy trustee to withhold possession of, or claim a lien over— (a) a document that belongs to the bankrupt; or (b) the bankrupt's business records. (2) However, a person may claim as a preferential creditor under paragraph 3(1)(f) of the Second Schedu…
(1) A person who, without reasonable excuse— (a) fails to comply with a summons attend the public examination of a bankrupt as required by section 168(1); (b) fails without reasonable excuse to produce a document that the person is required to produce as required by section 168(1)(b)(i); (c) fails t…
(1) At any time before an absolute order for a bankrupt's discharge is made— (a) the bankruptcy trustee; or if a ordinary resolution has been passed at a creditor's meeting seeking the public examination of the bankrupt before the Court, any of the creditors concerned, may make an application to the…
(1) As soon as practicable after the Court has made an order under section 177, the bankruptcy trustee shall serve a copy of the order on the bankrupt. (2) At least seven days before the date fixed for holding the examination, the bankruptcy trustee shall— (a) publish a notice advertising the examin…
Before the public examination of a bankrupt before the Court begins, the bankruptcy trustee shall lodge with the Court a report on— (a) the bankrupt's estate; (b) the bankrupt's conduct; and (c) all other matters of which the Court should be informed.