Bankruptcy Act 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 4A - Orders in relation to property of entity controlled by bankrupt or from which bankrupt derived a benefit  

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History

Div 4A heading amended by No 33 of 2006, s 3 and Sch 1 item 16, by inserting " or from which bankrupt derived a benefit " at the end, applicable in relation to an examinable period that commences on or after 31 May 2006.

Div 4A inserted by No 119 of 1987, s 51(1).

SECTION 139F   COURT TO TAKE ACCOUNT OF INTERESTS OF OTHER PERSONS  

139F(1)   [Order under sec 139D]  

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In considering whether or not to make under section 139D or 139DA a particular order relating to property in which the respondent entity has an estate, the Court shall take account of:

(a) the nature and extent of any estate that any other person or entity has in the property and any hardship that the order might cause that other person or entity; and

(b) the respondent entity ' s current net worth and any hardship the order might cause the respondent entity ' s creditors.

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History

S 139F(1) amended by No 33 of 2006, s 3 and Sch 1 item 23, by inserting " or 139DA " after " section 139D " , applicable in relation to an examinable period that commences on or after 31 May 2006.

139F(2)   [Order under sec 139E]  

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In considering whether or not to make a particular order under section 139E or 139EA , the Court shall take account of the respondent entity ' s current net worth and any hardship the order might cause the entity ' s creditors.

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History

S 139F(2) amended by No 33 of 2006, s 3 and Sch 1 item 24, by inserting " or 139EA " after " section 139E " , applicable in relation to an examinable period that commences on or after 31 May 2006.

S 139F inserted by No 119 of 1987, s 51(1).

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