Bankruptcy Regulations 1996

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

(regulation 11.02 )

32   Section 122 (Avoidance of preferences)  

32.1    
Subsection 122(1):

Omit ' insolvent (the debtor ) ' , substitute ' insolvent and who subsequently dies (the deceased debtor ) ' .

32.2    
Subsection 122(1):

Omit ' in the debtor ' s bankruptcy ' , substitute ' of the deceased debtor ' s estate being administered under Part XI ' .

32.3    
Paragraph 122(1)(b):

Omit the paragraph (including the table), substitute:

' (b) was made in the period beginning 6 months before the presentation of the petition for an order for the administration of the estate and ending immediately before the date of the order. ' .

32.4    
Subsection 122(1A):

Omit ' debtor ' , substitute ' deceased debtor before his or her death ' .

32.5    
Paragraphs 122(1A)(a) and (b):

Before ' debtor ' , insert ' deceased ' .

32.6    
Paragraph 122(1A)(b):

Before ' debtor ' s ' , insert ' deceased ' .

32.7    
Paragraph 122(2)(b):

After ' debtor ' , insert ' or the estate of the deceased debtor ' .

32.8    
Subsection 122(4A):

After ' debtor ' (twice occurring), insert ' or the estate of the deceased debtor ' .