Bankruptcy Regulations 1996

SCHEDULE 7 - MODIFICATIONS UNDER PART XI OF THE ACT - ADMINISTRATION OF ESTATES OF DECEASED PERSONS  

(regulation 11.02 )

16   Section 75 (Effect of composition or scheme of arrangement)  

16.1    
Subsection 75(2):

Omit the subsection.

16.2    
Subparagraphs 75(4)(b)(i), (ii), (iii) and (iv):

Omit the subparagraphs, substitute:

' (i)	the creditors or the estate of the deceased person will suffer injustice or undue delay if the composition or scheme of arrangement proceeds; or
(ii)	the approval of the creditors resulted from a misrepresentation by the legal personal representative; or
(iii)	it is desirable that the deceased person ' s:
	(A)	affairs be investigated; or
	(B)	estate be administered;
	under this Act; or
(iv)	it is likely that the creditors will receive a greater dividend if the estate is again administered under this Act; ' .

16.3    
Subsection 75(4):

Omit ' trustee ' , substitute ' trustee, the legal personal representative ' .

16.4    
Subsection 75(6), (7) and (8):

Omit the subsections, substitute:

' (6)	In this section:
	legal personal representative , in relation to a deceased person, means:
	(a)	the executor under the deceased person ' s will; or
	(b)	the administrator under letters of administration or court order;
	of the deceased person ' s estate, or a part of that estate. '