BANKRUPTCY ACT 1966

PART X - PERSONAL INSOLVENCY AGREEMENTS  

Division 3 - General provisions  

SECTION 222A   TERMINATION OF PERSONAL INSOLVENCY AGREEMENT BY TRUSTEE  

222A(1)  
The trustee of a personal insolvency agreement may, in writing, propose the termination of the agreement if the trustee is satisfied that the debtor is in default.

222A(2)  


The trustee must give notice of the proposed termination to all the creditors who are entitled to receive notice of a meeting of creditors.

222A(3)  
The notice must:


(a) include a statement of the reasons for the termination and the likely impact it will have on creditors (if it takes effect); and


(b) specify a date (at least 14 days after the notice is given) from which it is proposed that the termination will take effect; and


(c) state that any creditor may, by written notice to the trustee at least 2 days before the specified date, object to the termination taking effect without there being a meeting of creditors.

222A(4)  
If:


(a) the debtor is in default; and


(b) no creditor lodges a written notice of objection with the trustee at least 2 days before the specified date;

then the proposed termination takes effect on the date specified in the notice.

222A(5)  
For the purposes of this section, the debtor is in default if, and only if:


(a) the debtor has failed to carry out or comply with a term of the personal insolvency agreement; or


(b) if the debtor has died - the debtor or the person administering the estate of the debtor has failed to carry out or comply with a term of the agreement.

222A(6)  
A certificate signed by the trustee stating any matter relating to a proposed termination under this section is prima facie evidence of the matter.




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