Bankruptcy Regulations 2021
Carrying on business or taking control of property under section 50 of the Act
108(1)
If the Official Trustee performs work of a kind mentioned in section 3.03 of the Fees and Remuneration Determination in relation to the property or business of a debtor, an amount equal to the amount of expenses incurred by the Official Trustee in performing that work is payable to the Official Trustee out of the estate of the debtor.
Compositions and schemes of arrangement
108(2)
If the Official Trustee performs work of a kind mentioned in section 3.04 of the Fees and Remuneration Determination in relation to a composition or scheme of arrangement with the creditors of a bankrupt, an amount equal to the amount of expenses incurred by the Official Trustee in performing that work is payable to the Official Trustee out of the composition or scheme of arrangement as the case may be.
Personal insolvency agreements
108(3)
If the Official Trustee performs work of a kind mentioned in section 3.08 of the Fees and Remuneration Determination in relation to a personal insolvency agreement relating to a debtor who signed an authority under section 188 of the Act, an amount equal to the amount of expenses incurred by the Official Trustee in performing that work is payable to the Official Trustee out of the estate of the debtor.
Bankrupt estates
108(4)
If the Official Trustee performs work of a kind mentioned in section 3.09 of the Fees and Remuneration Determination in relation to the estate of a bankrupt, or of a deceased person for whose estate an order for administration has been made under Part XI of the Act, an amount equal to the amount of expenses incurred by the Official Trustee in performing that work is payable to the Official Trustee out of the estate of the bankrupt or deceased person as the case may be.
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