Bankruptcy Act 1966
At any time after a bankruptcy notice is issued, or a creditor ' s petition is presented, in relation to a debtor, but before the debtor becomes a bankrupt, the Court may: (a) direct the Official Trustee or a specified registered trustee to take control of the debtor ' s property; and (b) make any other orders in relation to the property.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 50(1) of the Act is modified by substituting " debtor who dies after presentation of a creditor ' s petition but before becoming " for " debtor, but before the debtor becomes " , " deceased debtor ' s estate " for " debtor ' s property " in para (a) and " estate " for " property " in para (b).]
View history note
Hide history note50(1A)
The Court may give a direction or make an order only if: (a) a creditor has applied for the Court to make a direction; and (b) the Court is satisfied that it is in the interests of the creditors to do so; and (c) the debtor has not complied with the bankruptcy notice.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 50(1A) of the Act is modified by substituting " deceased debtor ' s legal personal representative " for " debtor " in para (c).]
50(1B)
If the Court directs a trustee to take control of the debtor ' s property, the Court must specify when the control is to end.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 50(1B) of the Act is modified by substituting " deceased debtor ' s estate " for " debtor ' s property " .]
50(2)
Without limiting the generality of subsection (1) , the Court may, at any time after giving a direction under subsection (1) , summon the debtor, or an examinable person in relation to the debtor, for examination under this section in relation to the debtor.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 50(2) of the Act is modified by substituting " legal personal representative of the deceased debtor " for " debtor " (first occurring) and inserting " deceased debtor " before " debtor " (second and third occurring).]
50(3)
A summons to a person under subsection (2) shall require the person to attend: (a) at a specified place and at a specified time on a specified day; and (b) before the Court, the Registrar or a magistrate, as specified in the summons;
to be examined on oath under this section about the debtor and the debtor ' s examinable affairs.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 50(3) of the Act is modified by substituting " deceased debtor and the deceased debtor ' s " for " debtor and the debtor ' s " .]
50(4)
A summons to a person under subsection (2) may require the person to produce at the examination books (including books of an associated entity of the debtor) that: (a) are in the possession of the first-mentioned person; and (b) relate to the debtor or to any of the debtor ' s examinable affairs.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 50(4) of the Act is modified by inserting " deceased " before " debtor " (wherever occurring) and inserting " deceased " before " debtor ' s " .]
50(5)
For the purpose of the examination under this section of a person summoned under subsection (2) , subsections 81(2) to (17) , inclusive, apply, with any modifications prescribed by the regulations, as if: (a) a sequestration order had been made against the debtor when the Court gave the direction under subsection (1) of this section; (b) the examination were being held under section 81 ; and (c) a reference in those subsections to a creditor were a reference to a person who has a debt that would be provable in the debtor ' s bankruptcy if a sequestration order had been made as mentioned in paragraph (a) of this subsection.
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Subsection 50(5) of the Act is modified by substituting " an order had been made for the administration of the estate of the deceased debtor " for " a sequestration order had been made against the debtor " in para (a) and substituting " administration of the deceased debtor ' s estate if an " for " debtor ' s bankruptcy if a sequestration " in para (c).]
[ CCH Note: Modification Declaration FRLI No F2021L00261 (FRLI No F2021L00261, registered on 19 March 2021 and effective from 1 April 2021.)
Section 50 of the Act is modified by inserting subsection (6):
]
50(6)
In this section:legal personal representative
, in relation to a deceased debtor, means:
(a) the executor under the deceased debtor ' s will; or
(b) the administrator under letters of administration or court order;of the deceased debtor ' s estate, or a part of that estate.
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