Bankruptcy Regulations 1996

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

(regulation 11.02 )

38   Section 134 (Powers exercisable at discretion of trustee)  

38.1    
Paragraph 134(1)(m):

Omit ' the bankrupt: ' (first occurring), substitute ' the legal personal representative of a deceased person: ' .


38.2    
Subparagraph 134(1)(m)(i):

Omit ' the bankrupt; ' , substitute ' the estate of the deceased person; ' .


38.3    
Subparagraph 134(1)(m)(ii):

Omit ' bankrupt ' s ' (twice occurring), substitute ' estate ' s ' .


38.4    
Subparagraph 134(1)(m)(iii):

Omit ' bankrupt; ' , substitute ' estate ' .


38.5    
Paragraph 134(1)(m):

Omit ' bankrupt ' s services, make such allowance to the bankrupt ' , substitute ' services of the legal personal representative of the deceased person, pay such remuneration to him or her ' .


38.6    
Paragraphs 134(1)(n) and (o):

Omit ' the bankrupt ' , substitute ' the estate of the deceased person ' .


38.7    
After subsection 134(1), insert:


' (1AA) In subsection (1):
  legal personal representative , in relation to a deceased person, means:
  (a) the executor under the deceased person ' s will; or
  (b) the administrator under letters of administration or court order;
  of the deceased person ' s estate, or a part of that estate. ' .

38.7 Subsection 134(1A):

Omit ' An allowance made to the bankrupt ' , substitute ' Remuneration paid to the legal personal representative of a deceased person ' .



 

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