Bankruptcy Regulations 1996

SCHEDULE 8 - INFORMATION ON THE NATIONAL PERSONAL INSOLVENCY INDEX  

(regulation 13.03 )


Note: References in this Schedule to sections, subsections and paragraphs are references to those provisions of the Act.


Item No Provision of the Act Document from which information may be entered in the Index Person who must give the document to the Official Receiver Period within which the document must be provided to the Official Receiver Information to be entered in the Index
1 Section 50

trustee to take control of debtor ' s property before sequestration
court order applicant (creditor) as soon as practicable • date of order
• particulars of debtor
• date when trustee ' s control ends (subsection 50(1B))
2 Sections 43 and 47

creditor ' s petition
creditor ' s petition and verifying affidavit (subsections 47(1) and (1A)) petitioning creditor within 3 business days • date of petition
• particulars of debtor
• name of petitioning creditor
• name and telephone number of petitioning creditor ' s solicitors
• date of court hearing for sequestration order
3 Section 43

sequestration order
sequestration order (subsection 43(1), section 52) Creditor who obtained the order (subsection 52(1A)) within 2 days • date of order
• particulars of bankrupt
• name of petitioning creditor
• name and telephone number of petitioning creditor ' s solicitors
• name of trustee
• date of filing of Statement of Affairs
4 Section 55

debtor ' s petition
debtor ' s petition and statement of affairs (subsection 55(2)) debtor (subsection 55(1)) not applicable • particulars of debtor
• date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy (subsection 55(3B))
• name of trustee
• date of filing of Statement of Affairs
5 Section 56B

debtor ' s petition against partnership
debtor ' s petition and statements of affairs (section 56B) petitioning partners (subsection 56A(1)) not applicable • particulars of each debtor/partner
• date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy of each partner (section 56C))
          • name of trustee
          • date of filing of Statement of Affairs
6 Section 57

debtor ' s petition by joint debtors who are not partners
debtor ' s petition and statements of affairs (subsection 57(2)) 2 or more petitioning debtors (subsection 57(1)) not applicable • particulars of each debtor
• date of acceptance (or, if the Court orders the Official Receiver to accept the petition, the date of commencement of the bankruptcy of each debtor (subsection 57(3B))
• name of trustee
• date of filing of Statement of Affairs
7 Section 74

annulment of bankruptcy by special resolution of creditors
written notice (subsection 74(5A)) trustee (subsection 74(5A)) as soon as practicable after passage of special resolution (subsection 74(5A)) • date of annulment of the bankruptcy
7A Section 76B

record of the termination or setting aside of a composition or scheme of arrangement
copy of record trustee immediately • date of termination or setting aside
8 Section 149

automatic discharge from bankruptcy
not applicable not applicable not applicable • date of discharge
9 Sections 149B, 149C

objection to discharge
Notice of objection (section 149B) trustee (section 149B) at any time before discharge • date objection takes effect (ie day on which details of notice entered in the Index section 149G)
• grounds of objection
• person lodging the notice (ie trustee)
10 Section 149H

trustee ceasing to object on a particular ground
notice of ceasing to object (subsection 149H(1)) trustee (subsection 149H(1)) at any time before discharge (subsection 149H(1)) • date objection ceases to have effect (if at all) (ie day on which details of notice entered in the Index subsection 149H(3))
• grounds of objection to which notice relates
• person lodging the notice (ie trustee)
11 Section 149J

trustee or Official Receiver withdrawing objection
notice of withdrawal (subsection 149J(1)) trustee (subsection 149J(1)) (see also subsection 149J(2) for Official Receiver) at any time before discharge (subsections 149J(1) and (2)) • date withdrawal of objection takes effect (ie day on which details of notice entered in the Index subsection 149J(3))
• person lodging the notice (ie trustee or Official Receiver)
12 Section 149N

Inspector-General ' s review of decision to object (also: section 149Q-AAT review of decision)
if the Inspector-General cancels the objection - written notice that objection cancelled trustee as soon as practicable after objection cancelled • date the cancellation takes effect (subsection 149N(2))
13 Sections 149S and 149ZF

early discharge from bankruptcy
[ application for early discharge (subsection 149S(2))] certificate of discharge (subsection 149ZF(3)) certificate - registered trustee (subsection 149ZF(3)) (see also Official Receiver: subsection 149ZF(3); see also subsection 149ZK(2) for decision on review) as soon as practicable after trustee signs certificate (subsection 149ZF(3)) • date on which bankruptcy is discharged (subsection 149ZF(1); see also subsection 149ZK(2))
14 Section 153A

annulment of bankruptcy on payment of debts
certificate (subsection 153A(2)) trustee (subsection 153A(2)) as soon as practicable after debts paid in full (subsection 153A(2)) • date of annulment
15 Section 153B

annulment of bankruptcy by Court
court order (section 153B) applicant (Rule 7.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) 2 days after the order is entered (Rule 7.04 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) • date of annulment
16 - 19 (Repealed by FRLI No F2016L01926)
20 Sections 184 and 184A

release of trustee by operation of law after 7 years
no document specified registered trustee not applicable • fact that the administration of an estate is finalised
21 Part IX

debt agreement proposal
debt agreement proposal, explanatory statement and statement of affairs debtor not applicable • date that acceptance of proposal for processing and name and address of debt agreement processor are entered in the Index
• particulars of debtor
• particulars of whether proposal accepted or rejected following processing
• date that a proposal lapses (if at all)
• date of withdrawal or cancellation of proposal
22 Part IX

debt agreements
debt agreement

notification of completion or termination of the debt agreement

notification of a designated 6-month arrears default
notification of completion: the debt agreement administrator

notification of 6-month arrears default: the debt agreement administrator
notification of completion: 5 business days after end of debt agreement

notification of 6-month arrears default: 10 business days after occurrence of designated 6-month arrears default
• particulars of debtor (if different from particulars in debt agreement proposal)
• date that making of debt agreement entered in the Index
• date at end or termination of debt agreement
• particulars of reason for debt agreement termination or end
22A Section 185N

ending a debt agreement by discharging obligations
certificate given under subsection 185N(3) not applicable not applicable • date of giving of certificate
22B Section 185P (as in force immediately before 1 July 2007)

terminating a debt agreement (made as the result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007) by proposal
Minutes of creditors meeting called under section 185A (as in force immediately before 1 July 2007), or the record made by the Official Receiver of acceptance of proposal under subsection 185B(3) (as in force immediately before 1 July 2007) not applicable not applicable • date of acceptance of proposal
22C Section 185Q

terminating a debt agreement by court order
court order applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) 2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) • date order made
22D Section 185QA (as in force immediately before 1 July 2007)

terminating a debt agreement (made as the result of the acceptance of a debt agreement proposal given to the Official Receiver before 1 July 2007) by special resolution of creditors
Minutes of meeting called under section 185QA (as in force immediately before 1 July 2007) not applicable not applicable • date of passing of special resolution
23 Sections 185T and 185U

voiding a debt agreement
court order (subsection 185U(1)) applicant (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) 2 days after the order is entered (Rule 9.05 of FC (Bankruptcy) Rules and of FCC (Bankruptcy) Rules) • date of order
• whether agreement is voided in whole or in part
23A Section 186B

Application for registration as a debt agreement administrator
application Inspector-General not applicable • date of application
• particulars of applicant
23B Section 186D

Registration as a debt agreement administrator
application

approval or refusal of registration application under section 186C (including any conditions specified for subsection 186C(9)).
Inspector-General not applicable • particulars of applicant
• details of the approval or refusal (including specified conditions applying to the debt agreement administrator on registration)
23C Section 186F

Conditions of registration
notice of imposition of conditions Inspector-General not applicable • particulars of conditions imposed on debt agreement administrator ' s registration
23D Sections 185ZCA, 186J, 186K and 186L

Debt agreement administrator registration ceases
approval of registration

notice of request to accept surrender of registration (section 186J)

notice of cancellation of registration (section 186K or 186L)
Inspector-General not applicable • date debt agreement administrator registration ceases
• particulars of reason for end of registration
24 Section 188 and subsection 189(1B)

authority to be controlling trustee (personal insolvency agreement);

notice of event causing end of control by trustee
authority (subsection 188(1));

notice (subsection 189(1B))
registered trustee or solicitor (subsection 188(5); subsection 189(1B)) authority: 2 business days of consent to act;

notice: 7 days after becoming aware that control has ended
• date of authority
• date of filing of statement of affairs
• name of controlling trustee
• particulars of debtor
• date of termination of control
24A Section 192

authority to be controlling trustee passing to Official Trustee
Evidence of event mentioned in subsection 192(1) (death, cessation, incapacity written request) Official Trustee 14 days of control passing • particulars of debtor
• date of passing of control
25 Section 204 and subsection 218(1)

personal insolvency agreement
copy of agreement (paragraph 218(1)(b)) trustee (paragraph 218(1)(b)) within 21 days after executing agreement • date of execution of agreement
• particulars of debtor (if different from particulars in section 188 authority)
• name of each nominated trustee of the agreement
• (subsection 204(3); see also section 215A)
• date of filing of statement of affairs
26 Section 221

sequestration order for certain failures under Part X
court order (subsection 221(1)) applicant 2 days after the order is made • date of order
• particulars of bankrupt (if different from particulars in section 188 authority)
• name of petitioning creditor (if any)
• name and telephone number of petitioning creditor ' s solicitors (if any)
• name of trustee
• date of filing of Statement of Affairs
27 Subsection 222(10)

sequestration order against estate of debtor
sequestration order applicant for sequestration order 2 days after the order is made (regulation 10.11) • date of order
• particulars of debtor
28 Section 222A

termination of personal insolvency agreement by trustee
copy of written notice of termination (regulation 10.12) trustee of the agreement immediately (regulation 10.12) • date of termination
28A Subsection 222C(5)

sequestration order against estate of debtor
sequestration order applicant for sequestration order 2 days after the order is made (regulation 10.11) • date of order
• particulars of debtor
28B Subsections 224A(1) and (3)

terminating personal insolvency agreement by creditors or event specified in agreement
copy of resolution or special resolution (subsection 224A(1));

written notice (subsection 224A(3))
trustee (subsections 224A(1) and (3)) immediately (subsections 224A(1) and (3)) • date of termination
28C Subsection 224A(4)

court order setting aside or terminating a personal insolvency agreement
written notice registered trustee 2 days after the order is made (regulation 10.11) • date when agreement set aside or terminated
28D Section 232

certificate relating to discharge of obligations under personal insolvency agreement
certificate given to debtor under subsection 232(1) trustee not applicable • date when trustee signed certificate
29 Section 244

creditor ' s petition for Part XI administration (deceased estates)
creditor ' s petition and verifying affidavit (subsections 244(1) and (5)) petitioning creditor not applicable • date of petition
• particulars of deceased
• name of petitioning creditor
• name and telephone number of petitioning creditor ' s solicitors
• date of hearing for administration order
• date of filing of Statement of Affairs
30 Section 244 and section 245

(death of debtor after creditor ' s petition under section 47)

Part XI administration (deceased estates)
court order (subsections 244(14); 245(3)) petitioning creditor (subsections 244(14); 245(3)) 2 days beginning on the day the order is made (subsection 244(14)) • date of order
• particulars of deceased (if particulars different from particulars in relevant creditor ' s petition)
• name of trustee
31 Section 247

administrator ' s petition for Part XI administration of deceased estate
petition and statement of affairs (subsection 247(1)) administrator (subsection 247(1)) not applicable • date of petition
• particulars of deceased
• name of administrator
• name and telephone number of administrator ' s solicitors
• date of filing of Statement of Affairs
32 Section 247

court order for Part XI administration on administrator ' s petition
court order (subsection 247(1A)) applicant (subsection 247(3)) 2 days beginning on the day the order is made (subsection 247(3)) • date of order
• the following particulars if different from those in administrator ' s petition:
          • particulars of deceased
          • name of administrator
          • name and telephone number of administrator ' s solicitors
          • name of trustee
          • date of filing of Statement of Affairs
33 Section 253E

stay of proceedings in relation to farmers ' debts assistance
court order (subsection 253E(1)) applicant 7 days • date of order
• period of stay (subsection 253E(3))


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.