Bankruptcy Act 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 3 - GENERAL RULES RELATING TO ESTATE ADMINISTRATIONS  

Division 85 - Directions by creditors  

SECTION 85-5   TRUSTEE TO HAVE REGARD TO DIRECTIONS GIVEN BY CREDITORS  

85-5(1)    
The creditors may, by resolution, give directions to the trustee of a regulated debtor ' s estate in relation to the administration of the estate.

85-5(2)    
The trustee must have regard to any directions mentioned in subsection (1) , but the trustee is not required to comply with such directions.

85-5(3)    
If the trustee does not comply with a direction, the trustee must make a written record of that fact, along with the trustee ' s reasons for not complying with the direction.

85-5(4)    
If there is a conflict between directions given by the creditors under subsection (1) and by the committee of inspection under section 80-35 , directions given by the creditors override any directions given by the committee.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.