BANKRUPTCY ACT 1966

SCHEDULE 2 - INSOLVENCY PRACTICE SCHEDULE (BANKRUPTCY)  

Note: See section 4A .

PART 4 - OTHER MATTERS  

Division 100 - Other matters  

SECTION 100-5   TRUSTEE MAY ASSIGN RIGHT TO SUE UNDER THIS ACT  

100-5(1)  
Subject to subsections (2) and (3), the trustee of a regulated debtor ' s estate may assign any right to sue that is conferred on the trustee by this Act.

100-5(2)  
If the trustee ' s action has already begun, the trustee cannot assign the right to sue unless the trustee has the approval of the Court.

100-5(3)  
Before assigning any right under subsection (1), the trustee must give written notice to the creditors of the proposed assignment.

100-5(4)  
If a right is assigned under this section, a reference in this Act to the trustee in relation to the action is taken to be a reference to the person to whom the right has been assigned.




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