Commonwealth Consolidated Acts

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BANKRUPTCY ACT 1966 - SECT 189A

Report and declaration by controlling trustee

             (1)  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.

             (2)  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.

Declaration of relationships

             (3)  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.

             (4)  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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