Bankruptcy Regulations 2021

SCHEDULE 3 - MODIFICATIONS IN RELATION TO PART X OF THE ACT  

PART 1 - MODIFICATIONS OF PART X OF THE ACT - JOINT DEBTORS  

Note:

2   At the end of section 187A  
Add:

(2)
In the application of this Part (other than subsection 187(1A) ) to joint debtors, whether partners or not, an expression specified in one of the following rules of interpretation applies to the extent that the context reasonably permits:

(a) " a debtor " is to be read as " joint debtors " ;

(b) " the debtor " is to be read as " the joint debtors " ;

(c) " the debtor ' s " is to be read as " the joint debtors " ;

(d) if used in relation to a debtor:

(i) " he or she " is to be read as " they " ; and

(ii) " his or her " is to be read as " their " ; and

(iii) " him or her " is to be read as " them " ; and

(iv) a noun or verb in the singular form is to be read as being in the plural form.

(3)
Subsection (2) applies, subject to any specific modifications of this Part by the Bankruptcy Regulations 2021 .

(4)
To the extent that the context reasonably permits, a reference (by operation of subsection (2)) to joint debtors includes a reference to any of the joint debtors.

(5)
A reference to the affairs, or examinable affairs, of a debtor includes a reference to the separate affairs, or separate examinable affairs, of a joint debtor.