Bankruptcy Regulations 2021

PART 6 - ADMINISTRATION OF PROPERTY  

Division 7 - Contributions by bankrupt  

SECTION 37   CONTRIBUTIONS BY BANKRUPT - MODES OF PAY  

37(1)    
This section applies in relation to a contribution that a bankrupt:

(a)    is liable to pay to the trustee of the bankrupt ' s estate under subsection 139P(1) or 139Q(1) of the Act; or

(b)    wishes to pay to the trustee under subsection 139P(2) or paragraph 139Q(3)(a) of the Act.

37(2)    
The bankrupt may pay the contribution in one of the following ways:

(a)    by bank draft, cheque, money order or postal order payable to the trustee and delivered or posted to that office;

(b)    by deposit of the amount of the contribution in, or transfer of that amount to, the trustee ' s bank account;

(c)    any other method authorised in writing by the trustee.

37(3)    
If the bankrupt pays the contribution by cheque, payment is taken to occur when the cheque is cleared and the amount of the payment is credited to the account into which the cheque is deposited.

37(4)    
The trustee may, on reasonable notice in writing to the bankrupt, vary or withdraw an authorisation under paragraph (2)(c).

37(5)    
If the trustee incurs a delivery or postal charge (including a surcharge) or bank charge in connection with the receipt or processing of the contribution, the trustee may reimburse the trustee for the amount of the charge from the bankrupt ' s estate.