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)   [Contents]  

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)   [Report copies]  

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.

189A(3)   Declaration of relationships.  

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)   [Copies of declaration to be distributed]  

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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