Bankruptcy Act 1966
SECTION 19 DUTIES ETC. OF TRUSTEE
19(1)
The duties of the trustee of the estate of a bankrupt include the following:
(a)
notifying the bankrupt
'
s creditors of the bankruptcy;
(b)
determining whether the estate includes property that can be realised to pay a dividend to creditors;
(c)
reporting to creditors within 3 months of the date of the bankruptcy on the likelihood of creditors receiving a dividend before the end of the bankruptcy;
(d)
(Repealed)
(e)
determining whether the bankrupt has made a transfer of property that is void against the trustee;
(f)
taking appropriate steps to recover property for the benefit of the estate;
(g)
taking whatever action is practicable to try to ensure that the bankrupt discharges all of the bankrupt
'
s duties under this Act;
(h)
considering whether the bankrupt has committed an offence against this Act;
(i)
referring to the Inspector-General or to relevant law enforcement authorities any evidence of an offence by the bankrupt against this Act;
(j)
administering the estate as efficiently as possible by avoiding unnecessary expense;
(k)
exercising powers and performing functions in a commercially sound way;
(l)
the duties imposed on the trustee under Schedule
2
.
19(1A)
-
(1D)
(Omitted by No 44 of 1996, Sch 1, Pt 1(74).)
19(2)
Where a person who became a bankrupt on a creditor
'
s petition is unable to prepare a proper statement of affairs, the trustee may employ, at the expense of the estate, a qualified person to assist in the preparation of the statement.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.