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BANKRUPTCY ACT 1966 - SECT 5AA

Place of origin of bankruptcy and insolvency matters

             (1)  This section identifies the place of origin of each of the matters set out in column 2 of the table. The place of origin of each matter is worked out using column 3 of the table.

 

Place of origin of bankruptcy and insolvency matters

 

Matter

Place of origin

1

Bankruptcy that resulted from acceptance of a debtor's petition

The District in which the debtor's petition was accepted

2

Any other bankruptcy

The District in which the sequestration order was made

3

Control of a debtor's property under section 50

The District in which the Court made an order directing a trustee to take control of the debtor's property

4

Scheme of arrangement or composition under Division 6 of Part IV

The District in which there originated the bankruptcy that was annulled under section 74 on acceptance of the proposal for the scheme or composition

5

Matter relating to a debt agreement proposal

The District in which the debt agreement proposal was accepted for processing

6

Part X administration

The District in which the Official Receiver was given a copy of the authority under section 188 that relates to the administration

7

Administration under Part XI

The District in which the Court made the order for the administration

             (2)  For the purposes of item 6 of the table, an authority under section 188 relates to a personal insolvency agreement if a special resolution relating to the agreement was passed at a meeting of creditors called under the authority.

             (3)  In this section:

"matter relating to a debt agreement proposal" includes:

                     (a)  a debt agreement; and

                     (b)  an activity required or permitted by a debt agreement.

Part X administration means:

                     (a)  an activity that a controlling trustee may or must carry out after consenting to exercise powers given by an authority under section 188 (including control of a debtor's property under Division 2 of Part X); or

                     (b)  a personal insolvency agreement.



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