Bankruptcy Regulations 1996
(regulation 11.02 )
17 Section 81 (Discovery of bankrupt ' s property etc) 17.1Subsection 81(1):
Omit the subsection, substitute:
| ' (1) | At any time during or after the administration under Part XI of the estate of a deceased person (in this section called ' the relevant person ' ), the Court may, on the application of: | ||
| (a) | a person (in this section called a ' creditor ' ) who has or had a debt provable in the administration; or | ||
| (b) | the trustee of the estate; or | ||
| (c) | the Official Receiver; | ||
| summon an examinable person in relation to the estate for examination in relation to the administration. | |||
| ' (1AA) | For the purposes of subsection (1): | ||
| examinable person , in relation to an estate of the relevant person, means: | |||
| (a) | a person who is believed to be indebted to the estate; or | ||
| (b) | a person who may be able to give information about the relevant person or the examinable affairs of the relevant person; or | ||
| (c) | a person who has possession of books that may relate to: | ||
| (i) | the relevant person; or | ||
| (ii) | the examinable affairs of the relevant person; or | ||
| (iii) | the estate; or | ||
| (d) | the executor under the relevant person ' s will; or | ||
| (e) | the administrator under letters of administration or court order; | ||
| of the relevant person ' s estate, or a part of that estate. ' . |
17.2
Subsection 81(1B):
Omit paragraph (b), substitute:
| ' (b) | relate to: | |
| (i) | the relevant person; or | |
| (ii) | the examinable affairs of the relevant person; or | |
| (iii) | the estate. ' . |
17.3
Subsection 81(11AA):
Omit the subsection.
17.4
Subsection 81(12):
Before ' relevant person ' (first occurring), insert ' estate of the ' .
17.5
Subsection 81(14):
Omit ' person, other than the relevant person, ' , substitute ' person ' .
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