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Bankruptcy Regulations 2021

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX  

Division 2 - Information to be entered in the Index  

SECTION 78  

78   INFORMATION ABOUT SPECIFIED EVENTS  
If an event specified in column 1 of an item of the table in this section occurs, the Official Receiver must enter in the Index the information specified in column 2 of the item.


Item Column 1 Column 2
Event Information
1 A bankrupt is, by force of subsection 149(1) of the Act, discharged from bankruptcy The day on which the bankrupt was discharged from bankruptcy
2 The Official Receiver issues a certificate of appointment to a registered trustee under subsection 157(3) of the Act Both of the following:
(a) the name of the registered trustee;
(b) the day on which the registered trustee was appointed
3 A trustee, or the Official Trustee, is released from the trusteeship of an estate by force of section 184 or 184A of the Act The fact that the trustee, or the Official Trustee, has been so released
4 A debt agreement proposal is withdrawn The day on which the debt agreement proposal was withdrawn
5 A proposal to terminate a debt agreement that was made before 1 July 2007 is accepted (see sections 185B and 185P of the Act as in force immediately before 1 July 2007) The day on which the proposal was accepted
6 A debt agreement proposal is not accepted (see section 185EC of the Act) The day on which the debt agreement proposal was not accepted
7 The Official Receiver cancels the acceptance of a debt agreement proposal for processing (see section 185ED of the Act) The day on which the Official Receiver cancelled the acceptance of the debt agreement proposal for processing
8 A debt agreement proposal lapses (see section 185G of the Act) The day on which the debt agreement proposal lapsed
9 The Official Receiver gives to a debtor a certificate under subsection 185N(3) of the Act The day on which the certificate was given
10 A proposal to terminate a debt agreement is accepted (see section 185PC of the Act) Both of the following:
(a) the day on which the debt agreement was terminated;
(b) the reasons for the termination
11 The Official Receiver terminates a debt agreement under subsection 185QA(1) of the Act Both of the following:
(a) the day on which the debt agreement was terminated;
(b) the reasons for the termination
12 The minutes of a meeting of creditors at which a special resolution was passed terminating a debt agreement made before 1 July 2007 are given to the Official Receiver (see subsection 185QA(1) of the Act as in force immediately before 1 July 2007) The day on which the resolution was passed
13 A special resolution is passed at a meeting of a debtor ' s creditors under subsection 204(1) of the Act if the Official Trustee called the meeting under an authority under section 188 of the Act All of the following:
(a) the date of the resolution;
(b) the debtor ' s full name and alias (if any);
(c) the debtor ' s address;
(d) the debtor ' s occupation (if any);
(e) if the resolution requires the debtor to execute a personal insolvency agreement - the name of each person nominated under subsection 204(3) of the Act to be a trustee of the agreement
14 A sequestration order is made against the estate of a debtor under subsection 221(1) , 222(10) or 222C(5) of the Act on the application of the Official Trustee or the Inspector-General All of the following:
(a) particulars of the debtor;
(b) the day on which the order was made;
(c) if the order was made under subsection 221(1) of the Act - the name of the trustee of the debtor ' s estate
15 An order is made under subsection 221(1) , (2) or (5) of the Act setting aside a personal insolvency agreement on the application of the Official Trustee or the Inspector-General The day on which the personal insolvency agreement was set aside
16 A personal insolvency agreement is terminated in accordance with section 222A of the Act where the Official Trustee is the trustee of the agreement The day on which the personal insolvency agreement was terminated
17 An order is made under subsection 222C(1) of the Act terminating a personal insolvency agreement on the application of the Official Trustee or the Inspector-General The day on which the personal insolvency agreement was terminated
18 The Official Trustee gives a certificate to a debtor under subsection 232(1) of the Act The day on which the Official Trustee signed the certificate
19 The Official Trustee finalises the administration of a debtor ' s estate The day on which the administration of the estate was finalised
20 The Court makes an order under subsection 90-15(1) of Schedule 2 to the Act, on application by the Inspector-General, that provides for another person (the new trustee ) to be appointed as the trustee of an estate Both of the following:
(a) the name of the new trustee;
(b) the day of the appointment
21 The Official Trustee is appointed by the creditors of an estate under paragraph 90-35(1)(b) of Schedule 2 to the Act as trustee of an estate The day of the appointment

Note:

A number of provisions of the Act require the Official Receiver to enter information in the Index when certain events occur. These provisions include the following:

  • (a) paragraph 185H(2)(c) (acceptance of an unconditional debt agreement proposal);
  • (b) paragraph 185H(3)(d) (acceptance of a conditional debt agreement proposal);
  • (c) paragraph 185QA(1)(d) (declaration that a debt agreement is terminated).


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