BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 5 - Distribution of property  

SECTION 145   FINAL DIVIDEND  

145(1)   [Trustee ' s duties]  

Subject to this section, when the trustee of the estate of a bankrupt has realized all the property of the bankrupt, or so much of it as can, in his or her opinion, be realized without needlessly protracting the trusteeship, he or she shall declare and distribute a final dividend.

145(2)   [Distribution of final dividend]  

The trustee shall distribute as the final dividend all moneys realized and not previously distributed and shall distribute the final dividend without regard to any debt that had not been proved at the time when he or she declared the final dividend.

145(3)   [Notice]  

The trustee shall, before declaring the final dividend, give notice, in the manner prescribed by the regulations, to each person who to his or her knowledge, claims to be, or might claim to be, a creditor but has not proved his or her debt that, if the person does not prove his or her debt within the period specified in the notice, the trustee will proceed to declare a final dividend without regard to his or her claim.

145(4)   [Reasonable period]  

The trustee shall, in a notice sent to a person in pursuance of subsection (3), allow a reasonable period within which the person may prove his or her debt.

145(5)   [Extension of period]  

The Court may, on the application of a person claiming to be a creditor, extend the period within which the person may prove his or her debt.

145(6)   [No declaration for 21 days]  

Where the trustee has sent a notice in pursuance of subsection (3) in relation to the declaration of the final dividend, the trustee shall not declare the dividend until after the expiration of 21 days after the expiration of the period specified in the notice or, if the Court, under subsection (5), extends the period within which a person may prove his or her debt, until after the expiration of 21 days after the expiration of that extended period.




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