Bankruptcy Act 1966
PART VI
-
ADMINISTRATION OF PROPERTY
Division 5
-
Distribution of property
SECTION 146
146
DISTRIBUTION OF DIVIDENDS WHERE BANKRUPT FAILS TO FILE STATEMENT OF AFFAIRS
Where a bankrupt has failed to file a statement of his or her affairs as required by this Act, the Court may, on the application of the trustee, upon such terms as it thinks fit, order that distribution of dividends amongst the creditors who have proved their debts shall proceed in accordance with this Division as if the bankrupt had filed a statement of his or her affairs and those creditors had been stated to be creditors in it.
Where a bankrupt has failed to file a statement of his or her affairs as required by this Act, the Court may, on the application of the trustee, upon such terms as it thinks fit, order that distribution of dividends amongst the creditors who have proved their debts shall proceed in accordance with this Division as if the bankrupt had filed a statement of his or her affairs and those creditors had been stated to be creditors in it.
[ CCH Note: Modification Declaration FRLI No F2021L00261 ( Bankruptcy Regulations 2021 : FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Section 146 of the Act is modified by substituting " the legal personal representative of a deceased debtor " for " a bankrupt " , " the deceased debtor ' s affairs " for " his or her affairs " (wherever occurring) and " legal personal representative " for " bankrupt " (second occurring).]
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.