Bankruptcy Act 1966

PART X - PERSONAL INSOLVENCY AGREEMENTS  

Division 2 - Meeting of creditors and control of debtor ' s property  

SECTION 189A   REPORT AND DECLARATION BY CONTROLLING TRUSTEE  

189A(1)    
The controlling trustee must prepare a report:

(a)    summarising and commenting on the information about the debtor ' s affairs that is available to the controlling trustee; and

(b)    

stating whether the controlling trustee believes that the creditors ' interests would be better served:

(i) by accepting the debtor ' s proposal for dealing with his or her affairs under this Part; or

(ii) by the bankruptcy of the debtor; and

(c)    

naming each creditor who was identified as a related entity of the debtor in the debtor ' s statement of affairs.

189A(2)    
The trustee must:

(a)    give a copy of the report to the Official Receiver and to each of the creditors; and

(b)    keep a copy of the report.



Declaration of relationships

189A(3)    


The controlling trustee must make a written declaration stating whether the debtor is a related entity of:

(a)    the controlling trustee; or

(b)    a related entity of the controlling trustee.


189A(4)    


The controlling trustee must:

(a)    give a copy of the declaration to the Official Receiver; and

(b)    give a copy of the declaration to each of the creditors at the same time as the controlling trustee gives a copy of the subsection (1) report to each creditor; and

(c)    keep a copy of the declaration.





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