Bankruptcy Regulations 2021

PART 13 - NATIONAL PERSONAL INSOLVENCY INDEX  

Division 2 - Information to be entered in the Index  

SECTION 76   DOCUMENTS GIVEN TO OFFICIAL RECEIVER IN ACCORDANCE WITH THE ACT  

76(1)    
If a document, or a copy of a document, specified in column 1 of an item of the table in subsection (2) is given to the Official Receiver, the Official Receiver must enter in the Index the information specified in column 2 of the item.

76(2)    

However:

(a)    in the case of a debtor ' s petition mentioned in item 3, 4 or 5 of the table, subsection (1) applies only if the Official Receiver accepts the petition; and

(b)    in the case of a debt agreement proposal mentioned in item 12 of the table, subsection (1) applies only if the Official Receiver accepts the debt agreement proposal for processing.

Documents given to the Official Receiver in accordance with the Act
Item	Column 1	Column 2
	Document	Information
1	A sequestration order made against the estate of a debtor (see subsection 52(1A) of the Act)	All of the following: (a) particulars of the debtor; (b) the day on which the order was made; (c) the name of the trustee of the estate of the debtor; (d) the name of the creditor who obtained the order; (e) the name and telephone number of any legal practitioner acting on behalf of that creditor
2	A statement of the affairs of a person against whose estate a sequestration order is made (see subsection 54(1) of the Act)	The day on which the statement of affairs was filed with the Official Receiver
3	A debtor ' s petition (see subsection 55(1) of the Act)	All of the following: (a) particulars of the debtor; (b) the day on which the Official Receiver accepted the debtor ' s petition; (c) the time of the commencement of the resulting bankruptcy; (d) the name of the trustee of the estate of the debtor; (e) the day on which a statement of the debtor ' s affairs was given to the Official Receiver (see paragraph 55(2)(b) of the Act)
4	A debtor ' s petition against a partnership presented by members of the partnership (see subsection 56B(1) of the Act)	All of the following: (a) particulars of each of the partners who presented the petition; (b) the day on which the Official Receiver accepted the debtor ' s petition; (c) the time of the commencement of the bankruptcy of each of those partners as a result of the acceptance of the petition (see subsection 56C(5) of the Act); (d) the name of the trustee of the estate of each bankrupt partner; (e) the day on which each of the following was given to the Official Receiver:
			(i) a statement of affairs of each of those partners (see paragraph 56B(3)(a) of the Act); (ii) a statement of the partnership affairs (see paragraph 56B(3)(b) of the Act)
5	A debtor ' s petition by joint debtors who are not partners (see subsection 57(1) of the Act)	All of the following: (a) particulars of each of those debtors; (b) the day on which the Official Receiver accepted the debtor ' s petition; (c) the time of the commencement of each bankruptcy that results from acceptance of the debtor ' s petition (see subsection 57(3C) of the Act); (d) the name of the trustee of the estate of each debtor; (e) the day on which each of the following was given to the Official Receiver:
			(i) a statement of affairs of each of those debtors (see paragraph 57(2)(a) of the Act); (ii) a statement of their joint affairs (see paragraph 57(2)(b) of the Act)
6	A notice relating to the annulment of a bankruptcy (see subsection 74(5A) of the Act)	The day on which the bankruptcy was annulled
7	A notice of objection by a trustee to the discharge of a bankrupt from bankruptcy (see subsection 149B(1) of the Act)	All of the following: (a) when the objection took effect (see section 149G of the Act); (b) each ground of objection set out in the notice (see paragraph 149C(1)(a) of the Act); (c) the name of the trustee
8	A notice that a trustee ceases to object to a bankrupt ' s discharge from bankruptcy on a particular ground (see subsection 149H(1) of the Act)	All of the following: (a) if there is no longer an objection on any ground - when the objection ceased to have effect (see subsection 149H(3) of the Act); (b) each ground of objection to which the notice relates; (c) the name of the trustee
9	A notice of withdrawal of objection by a trustee to a bankrupt ' s discharge from bankruptcy (see subsection 149J(1) of the Act)	Both of the following: (a) when the withdrawal takes effect (see subsection 149J(3) of the Act); (b) the name of the trustee
10	A notice about the cancellation, under subsection 149N(1) of the Act, of a notice of objection filed by a trustee of a bankrupt ' s estate (see subsection 149P(1) of the Act)	The day on which the cancellation took effect
11	A certificate relating to the annulment of a bankruptcy (see subsection 153A(2) of the Act)	The date of annulment included in the certificate
12	A debtor ' s written proposal for a debt agreement (see subsection 185C(1) of the Act)	Both of the following: (a) particulars of the debtor; (b) the day on which the Official Receiver accepted the debt agreement proposal for processing (see section 185E of the Act)
13	A notification that a debt agreement has ended (see subsection 185N(5) of the Act)	Both of the following: (a) the day on which the debt agreement ended; (b) the reasons why the debt agreement ended
14	A notification that control of the property of a debtor has ended (see subsection 189(1B) of the Act)	The day on which that control ended
15	A personal insolvency agreement relating to a debtor (see paragraph 218(1)(b) of the Act)	All of the following: (a) particulars of the debtor; (b) the day on which the agreement was executed; (c) the name of the trustee of the personal insolvency agreement
16	A resolution or special resolution terminating a personal insolvency agreement (see subsection 224A(1) of the Act)	The day on which the personal insolvency agreement was terminated
17	A resolution or special resolution terminating a composition or scheme of arrangement (see section 76B and subsection 224A(1) of the Act)	The day on which the composition or scheme of arrangement was terminated
18	A notice that a personal insolvency agreement is terminated or set aside (see subsection 224A(3) or (4) of the Act)	The day on which the personal insolvency agreement was terminated or set aside
19	A notice that a composition or scheme of arrangement is terminated or set aside (see section 76B and subsection 224A(3) or (4) of the Act)	The day on which the composition or scheme of arrangement was terminated or set aside
20	An order that the estate of a deceased person be administered under Part XI of the Act (see subsection 244(14) , 245(3) or 247(3) of the Act)	All of the following: (a) particulars of the deceased person; (b) the day on which the order was made; (c) the name of the trustee administering the estate
21	A statement of a deceased person ' s affairs and of the administration of the deceased person ' s estate by a legal personal representative of the deceased person (see paragraph 246(1)(b) of the Act)	The day on which the statement was given to the Official Receiver
22	A certificate in relation to the annulment, by force of subsection 252A(1) of the Act, of the administration of an estate under Part XI of the Act (see subsection 252A(2) of the Act)	The day of the annulment