Commonwealth Numbered Regulations

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1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 15

15. Rule 87 of the Bankruptcy Rules is repealed and the following rule
substituted: Form of statement of affairs and affidavit

"87. (1) A statement under paragraph 246 (1) (a) or subsection 247 (1) of the
Act shall be in a form to be provided by the Registrar, and verified by an
affidavit in accordance with Form 38.

"(2) The form mentioned in subrule (1) shall require the person making the
statement to state:

   (a)  in relation to the corpus account of the deceased person's estate:

        (i)    particulars of each amount received, including the name of the
               payer, the date received and the bank account into which the
               amount was paid; and

        (ii)   particulars of each amount paid, including the name of the
               payee, the date of payment and the bank account from which the
               amount was drawn;

   (b)  in relation to assets of the deceased person transferred to
        beneficiaries, the particulars of each of the assets transferred, the
        date of transfer and the name and address of the relevant beneficiary;

   (c)  in relation to the income account of the deceased person:

        (i)    particulars of each amount received, including the name of the
               payer, the date received and the bank account into which the
               amount was paid; and

        (ii)   particulars of each amount paid, including the name of the
               payee, the date of payment and the bank account from which the
               amount was drawn;

   (d)  in relation to unsecured debts owed by the deceased person:

        (i)    the name and address of each creditor and the amount (if any)
               owed by the creditor to the deceased person;

        (ii)   the amount of each debt;

        (iii)  the year when the debt was contracted; and

        (iv)   the nature of the debt;

   (e)  in relation to secured debts owed by the deceased person:

        (i)    the name and address of each creditor and the amount (if any)
               owed by the creditor to the deceased person;

        (ii)   the amount of each debt and particulars of the security
               relating to it;

        (iii)  the date when the security was given;

        (iv)   the estimated present value of the security; and

        (v)    the estimated deficiency or surplus if the security were to be
               realised;

   (f)  in relation to current hire purchase agreements;

        (i)    the name and address of the finance company;

        (ii)   the date of the agreement;

        (iii)  particulars of the goods to which the agreement relates;

        (iv)   any arrears of payment under the agreement;

        (v)    the amount required to complete the agreement; and

        (vi)   the present value of the goods and the estimated deficiency or
               surplus if the goods were to be realised;

   (g)  a statement of any other assets and liabilities, including contingent
        assets and liabilities, of the deceased person's estate. 


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