Bankruptcy Regulations 1996
SCHEDULE 8
-
INFORMATION ON THE NATIONAL PERSONAL INSOLVENCY INDEX
(regulation 13.03 )
Note: References in this Schedule to sections, subsections and paragraphs are references to those provisions of the Act.
| Item No | Provision of the Act | Document from which information may be entered in the Index | Person who must give the document to the Official Receiver | Period within which the document must be provided to the Official Receiver | Information to be entered in the Index |
| 1 | Section 50
trustee to take control of debtor ' s property before sequestration |
court order | applicant (creditor) | as soon as practicable | •
date of order
• particulars of debtor • date when trustee ' s control ends (subsection 50(1B)) |
| 2 | Sections 43 and 47
creditor ' s petition |
creditor ' s petition and verifying affidavit (subsections 47(1) and (1A)) | petitioning creditor | within 3 business days | •
date of petition
• particulars of debtor • name of petitioning creditor • name and telephone number of petitioning creditor ' s solicitors • date of court hearing for sequestration order |
| 3 | Section 43
sequestration order |
sequestration order (subsection 43(1), section 52) | Creditor who obtained the order (subsection 52(1A)) | within 2 days | •
date of order
• particulars of bankrupt • name of petitioning creditor • name and telephone number of petitioning creditor ' s solicitors • name of trustee • date of filing of Statement of Affairs |
| 4 | Section 55
debtor ' s petition |
debtor ' s petition and statement of affairs (subsection 55(2)) | debtor (subsection 55(1)) | not applicable | •
particulars of debtor
• date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy (subsection 55(3B)) • name of trustee • date of filing of Statement of Affairs |
| 5 | Section 56B
debtor ' s petition against partnership |
debtor ' s petition and statements of affairs (section 56B) | petitioning partners (subsection 56A(1)) | not applicable | •
particulars of each debtor/partner
• date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy of each partner (section 56C)) |
| • name of trustee | |||||
| • date of filing of Statement of Affairs | |||||
| 6 | Section 57
debtor ' s petition by joint debtors who are not partners |
debtor ' s petition and statements of affairs (subsection 57(2)) | 2 or more petitioning debtors (subsection 57(1)) | not applicable | •
particulars of each debtor
• date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy of each debtor (subsection 57(3B)) • name of trustee • date of filing of Statement of Affairs |
| 7 | Section 74
annulment of bankruptcy by special resolution of creditors |
written notice (subsection 74(5A)) | trustee (subsection 74(5A)) | as soon as practicable after passage of special resolution (subsection 74(5A)) | • date of annulment of the bankruptcy |
| 7A | Section 76B
record of the termination or setting aside of a composition or scheme of arrangement |
copy of record | trustee | immediately | • date of termination or setting aside |
| 8 | Section 149
automatic discharge from bankruptcy |
not applicable | not applicable | not applicable | • date of discharge |
| 9 | Sections 149B, 149C
objection to discharge |
Notice of objection (section 149B) | trustee (section 149B) | at any time before discharge | •
date objection takes effect (ie day on which details of notice entered in the Index section 149G)
• grounds of objection • person lodging the notice (ie trustee) |
| 10 | Section 149H
trustee ceasing to object on a particular ground |
notice of ceasing to object (subsection 149H(1)) | trustee (subsection 149H(1)) | at any time before discharge (subsection 149H(1)) | •
date objection ceases to have effect (if at all) (ie day on which details of notice entered in the Index subsection 149H(3))
• grounds of objection to which notice relates • person lodging the notice (ie trustee) |
| 11 | Section 149J
trustee or Official Receiver withdrawing objection |
notice of withdrawal (subsection 149J(1)) | trustee (subsection 149J(1)) (see also subsection 149J(2) for Official Receiver) | at any time before discharge (subsections 149J(1) and (2)) | •
date withdrawal of objection takes effect (ie day on which details of notice entered in the Index subsection 149J(3))
• person lodging the notice (ie trustee or Official Receiver) |
| 12 | Section 149N
Inspector-General ' s review of decision to object (also: section 149Q-AAT review of decision) |
if the Inspector-General cancels the objection - written notice that objection cancelled | trustee | as soon as practicable after objection cancelled | • date the cancellation takes effect (subsection 149N(2)) |
| 13 | Sections 149S and 149ZF
early discharge from bankruptcy |
[ application for early discharge (subsection 149S(2))] certificate of discharge (subsection 149ZF(3)) | certificate - registered trustee (subsection 149ZF(3)) (see also Official Receiver: subsection 149ZF(3); see also subsection 149ZK(2) for decision on review) | as soon as practicable after trustee signs certificate (subsection 149ZF(3)) | • date on which bankruptcy is discharged (subsection 149ZF(1); see also subsection 149ZK(2)) |
| 14 | Section 153A
annulment of bankruptcy on payment of debts |
certificate (subsection 153A(2)) | trustee (subsection 153A(2)) | as soon as practicable after debts paid in full (subsection 153A(2)) | • date of annulment |
| 15 | Section 153B
annulment of bankruptcy by Court |
court order (section 153B) | applicant (Rule 7.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | 2 days after the order is entered (Rule 7.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | • date of annulment |
| 16 - 19 | (Repealed by FRLI No F2016L01926) | ||||
| 20 | Sections 184 and 184A
release of trustee by operation of law after 7 years |
no document specified | registered trustee | not applicable | • fact that the administration of an estate is finalised |
| 21 | Part IX
debt agreement proposal |
debt agreement proposal, explanatory statement and statement of affairs | debtor | not applicable | •
date that acceptance of proposal for processing and name and address of debt agreement processor are entered in the Index
• particulars of debtor • particulars of whether proposal accepted or rejected following processing • date that a proposal lapses (if at all) • date of withdrawal or cancellation of proposal |
| 22 | Part IX
debt agreements |
debt agreement
notification of completion or termination of the debt agreement notification of a designated 6-month arrears default |
notification of completion: the debt agreement administrator
notification of 6-month arrears default: the debt agreement administrator |
notification of completion: 5 business days after end of debt agreement
notification of 6-month arrears default: 10 business days after occurrence of designated 6-month arrears default |
•
particulars of debtor (if different from particulars in debt agreement proposal)
• date that making of debt agreement entered in the Index • date at end or termination of debt agreement • particulars of reason for debt agreement termination or end |
| 22A | Section 185N
ending a debt agreement by discharging obligations |
certificate given under subsection 185N(3) | not applicable | not applicable | • date of giving of certificate |
| 22B | Section 185P (as in force immediately before 1 July 2007)
terminating a debt agreement (made as the result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007) by proposal |
Minutes of creditors meeting called under section 185A (as in force immediately before 1 July 2007), or the record made by the Official Receiver of acceptance of proposal under subsection 185B(3) (as in force immediately before 1 July 2007) | not applicable | not applicable | • date of acceptance of proposal |
| 22C | Section 185Q
terminating a debt agreement by court order |
court order | applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | 2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | • date order made |
| 22D | Section 185QA (as in force immediately before 1 July 2007)
terminating a debt agreement (made as the result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007) by special resolution of creditors |
Minutes of meeting called under section 185QA (as in force immediately before 1 July 2007) | not applicable | not applicable | • date of passing of special resolution |
| 23 | Sections 185T and 185U
voiding a debt agreement |
court order (subsection 185U(1)) | applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | 2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) | •
date of order
• whether agreement is voided in whole or in part |
| 23A | Section 186B
Application for registration as a debt agreement administrator |
application | Inspector-General | not applicable | •
date of application
• particulars of applicant |
| 23B | Section 186D
Registration as a debt agreement administrator |
application
approval or refusal of registration application under section 186C (including any conditions specified for subsection 186C(9)). |
Inspector-General | not applicable | •
particulars of applicant
• details of the approval or refusal (including specified conditions applying to the debt agreement administrator on registration) |
| 23C | Section 186F
Conditions of registration |
notice of imposition of conditions | Inspector-General | not applicable | • particulars of conditions imposed on debt agreement administrator ' s registration |
| 23D | Sections 185ZCA, 186J, 186K and 186L
Debt agreement administrator registration ceases |
approval of registration
notice of request to accept surrender of registration (section 186J) notice of cancellation of registration (section 186K or 186L) |
Inspector-General | not applicable | •
date debt agreement administrator registration ceases
• particulars of reason for end of registration |
| 24 | Section 188 and subsection 189(1B)
authority to be controlling trustee (personal insolvency agreement); notice of event causing end of control by trustee |
authority (subsection 188(1));
notice (subsection 189(1B)) |
registered trustee or solicitor (subsection 188(5); subsection 189(1B)) | authority: 2 business days of consent to act;
notice: 7 days after becoming aware that control has ended |
•
date of authority
• date of filing of statement of affairs • name of controlling trustee • particulars of debtor • date of termination of control |
| 24A | Section 192
authority to be controlling trustee passing to Official Trustee |
Evidence of event mentioned in subsection 192(1) (death, cessation, incapacity written request) | Official Trustee | 14 days of control passing | •
particulars of debtor
• date of passing of control |
| 25 | Section 204 and subsection 218(1)
personal insolvency agreement |
copy of agreement (paragraph 218(1)(b)) | trustee (paragraph 218(1)(b)) | within 21 days after executing agreement | •
date of execution of agreement
• particulars of debtor (if different from particulars in section 188 authority) • name of each nominated trustee of the agreement • (subsection 204(3); see also section 215A) • date of filing of statement of affairs |
| 26 | Section 221
sequestration order for certain failures under Part X |
court order (subsection 221(1)) | applicant | 2 days after the order is made | •
date of order
• particulars of bankrupt (if different from particulars in section 188 authority) • name of petitioning creditor (if any) • name and telephone number of petitioning creditor ' s solicitors (if any) • name of trustee • date of filing of Statement of Affairs |
| 27 | Subsection 222(10)
sequestration order against estate of debtor |
sequestration order | applicant for sequestration order | 2 days after the order is made (regulation 10.11) | •
date of order
• particulars of debtor |
| 28 | Section 222A
termination of personal insolvency agreement by trustee |
copy of written notice of termination (regulation 10.12) | trustee of the agreement | immediately (regulation 10.12) | • date of termination |
| 28A | Subsection 222C(5)
sequestration order against estate of debtor |
sequestration order | applicant for sequestration order | 2 days after the order is made (regulation 10.11) | •
date of order
• particulars of debtor |
| 28B | Subsections 224A(1) and (3)
terminating personal insolvency agreement by creditors or event specified in agreement |
copy of resolution or special resolution (subsection 224A(1));
written notice (subsection 224A(3)) |
trustee (subsections 224A(1) and (3)) | immediately (subsections 224A(1) and (3)) | • date of termination |
| 28C | Subsection 224A(4)
court order setting aside or terminating a personal insolvency agreement |
written notice | registered trustee | 2 days after the order is made (regulation 10.11) | • date when agreement set aside or terminated |
| 28D | Section 232
certificate relating to discharge of obligations under personal insolvency agreement |
certificate given to debtor under subsection 232(1) | trustee | not applicable | • date when trustee signed certificate |
| 29 | Section 244
creditor ' s petition for Part XI administration (deceased estates) |
creditor ' s petition and verifying affidavit (subsections 244(1) and (5)) | petitioning creditor | not applicable | •
date of petition
• particulars of deceased • name of petitioning creditor • name and telephone number of petitioning creditor ' s solicitors • date of hearing for administration order • date of filing of Statement of Affairs |
| 30 | Section 244 and section 245
(death of debtor after creditor ' s petition under section 47) Part XI administration (deceased estates) |
court order (subsections 244(14); 245(3)) | petitioning creditor (subsections 244(14); 245(3)) | 2 days beginning on the day the order is made (subsection 244(14)) | •
date of order
• particulars of deceased (if particulars different from particulars in relevant creditor ' s petition) • name of trustee |
| 31 | Section 247
administrator ' s petition for Part XI administration of deceased estate |
petition and statement of affairs (subsection 247(1)) | administrator (subsection 247(1)) | not applicable | •
date of petition
• particulars of deceased • name of administrator • name and telephone number of administrator ' s solicitors • date of filing of Statement of Affairs |
| 32 | Section 247
court order for Part XI administration on administrator ' s petition |
court order (subsection 247(1A)) | applicant (subsection 247(3)) | 2 days beginning on the day the order is made (subsection 247(3)) | •
date of order
• the following particulars if different from those in administrator ' s petition: |
| • particulars of deceased | |||||
| • name of administrator | |||||
| • name and telephone number of administrator ' s solicitors | |||||
| • name of trustee | |||||
| • date of filing of Statement of Affairs | |||||
| 33 | Section 253E
stay of proceedings in relation to farmers ' debts assistance |
court order (subsection 253E(1)) | applicant | 7 days | •
date of order
• period of stay (subsection 253E(3)) |
View history note
Hide history noteThis information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.