Bankruptcy Act 1966
View history note
Hide history note(a) the Official Receiver has accepted a debt agreement proposal for processing; and
(b) the applicable deadline has not arrived. 185ED(2) Cancellation.
The Official Receiver may cancel the acceptance of the debt agreement proposal for processing if:
(a) the Official Receiver becomes aware that one or more affected creditors were not disclosed in the debtor ' s statement of affairs; or
(b) the Official Receiver becomes aware that:
(i) the debtor ' s statement of affairs; or
was deficient because it omitted a material particular or because it was incorrect in a material particular; or
(ii) the debtor ' s subsection 185C(2B) statement;
(c) the Official Receiver becomes aware of a material change in the debtor ' s circumstances that:
(i) was not foreshadowed in the debtor ' s subsection 185C(2B) statement or the debtor ' s statement of affairs; and
(ii) in the opinion of the Official Receiver, is capable of affecting an affected creditor ' s decision whether or not to accept the proposal; or
(d) the Official Receiver becomes aware of a matter that, if it had been known to the Official Receiver at the time of acceptance of the debt agreement proposal for processing, would have resulted in a refusal of acceptance on the grounds that subsection 185C(4) had not been complied with. 185ED(3) Notification of cancellation.
If the Official Receiver cancels the acceptance of a debt agreement proposal for processing, the Official Receiver must give written notice of the cancellation, and the reasons for it, to:
(a) the debtor; and
(b) affected creditors who are known to the Official Receiver. 185ED(4) Review.
If the Official Receiver decides to cancel the acceptance of a debt agreement proposal for processing, the debtor may apply to the Administrative Appeals Tribunal for review of the decision.
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