BANKRUPTCY ACT 1966

PART VII - DISCHARGE AND ANNULMENT  

Division 2 - Discharge by operation of law  

Subdivision B - Objections  

SECTION 149D   GROUNDS OF OBJECTION  

149D(1)   [Grounds]  

The grounds of objection that may be set out in a notice of objection are as follows:


(a) the bankrupt has, whether before, on or after the date of the bankruptcy, left Australia and has not returned to Australia;


(aa) any transfer is void against the trustee in the bankruptcy because of section 120 or 122 ;


(ab) any transfer is void against the trustee in the bankruptcy because of section 121 ;


(ac) any transfer is void against the trustee in the bankruptcy because of section 128B ;


(ad) any transfer is void against the trustee in the bankruptcy because of section 128C ;


(b) after the date of the bankruptcy, the bankrupt contravened section 206A of the Corporations Act 2001 (disqualification from managing corporations);


(c) after the date of the bankruptcy the bankrupt engaged in misleading conduct in relation to a person in respect of an amount that, or amounts the total of which, exceeded $3,000;


(d) the bankrupt, when requested in writing by the trustee to provide written information about the bankrupt ' s property, income or expected income, failed to comply with the request;


(da) after the date of the bankruptcy, the bankrupt intentionally provided false or misleading information to the trustee;


(e) the bankrupt failed to disclose any particulars of income or expected income as required by a provision of this Act referred to in subsection 6A(1) or by section 139U ;


(f) the bankrupt failed to pay to the trustee an amount that the bankrupt was liable to pay under section 139ZG ;


(g) at any time during the period of 5 years immediately before the commencement of the bankruptcy, or at any time during the bankruptcy, the bankrupt:


(i) spent money but failed to explain adequately to the trustee the purpose for which the money was spent; or

(ii) disposed of property but failed to explain adequately to the trustee why no money was received as a result of the disposal or what the bankrupt did with the money received as a result of the disposal;


(h) while the bankrupt was absent from Australia he or she was requested by the trustee to return to Australia by a particular date or within a particular period but the bankrupt failed to return by that date or within that period;


(ha) the bankrupt intentionally failed to disclose to the trustee a liability of the bankrupt that existed at the date of the bankruptcy;


(i) the bankrupt has failed, whether intentionally or not, to disclose to the trustee a liability of the bankrupt that existed at the date of the bankruptcy;


(ia) the bankrupt failed to comply with subparagraph 77(1)(a)(ii);


(j) the bankrupt failed to comply with paragraph 77(1)(bb) or (bc) or subsection 80(1) ;


(k) the bankrupt refused or failed to sign a document after being lawfully required by the trustee to sign that document;


(l) the bankrupt failed to attend a meeting of his or her creditors without having first obtained written approval of the trustee not to attend or without having given to the trustee a reasonable explanation for the failure;


(m) the bankrupt failed to attend an interview or examination for the purposes of this Act without having given a reasonable explanation to the trustee for the failure;


(ma) the bankrupt intentionally failed to disclose to the trustee the bankrupt ' s beneficial interest in any property;


(n) the bankrupt failed, whether intentionally or not, to disclose to the trustee the bankrupt ' s beneficial interest in any property.

149D(2)   [Subject to sec 304A]  

This section has effect subject to section 304A .




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