Commonwealth Numbered Regulations

1989 No. 182 BANKRUPTCY RULES (AMENDMENT) - RULE 16

16. After rule 90 of the Bankruptcy Rules the following rules are inserted:
Application to the Court for extension of time for filing statement of a
deceased debtor's affairs

"90A. Where an application is made to the Court for an extension of the time
specified in subsection 246 (1) of the Act for a person to file a statement of
a deceased person's affairs, a copy of the application and of any affidavit in
support of the application shall be served on the trustee 2 clear days before
the hearing of the application. Application to the Registrar for extension of
time for filing a statement of a deceased debtor's affairs

"90B. (1) Application may be made to the Registrar ex parte for an extension
of the time specified by subsection 246 (1) of the Act for a person to file a
statement of a deceased person's affairs.

"(2) An application under subrule (1) shall be made by filing a request for
the extension of time setting out the matters submitted by the person in
support of the request.

"(3) A person shall, before making an application under subrule (1), submit
the request to the trustee and afford the trustee an opportunity to endorse
on, or attach to, the request a note of any matters that the trustee wishes
the Registrar to take into account when determining the application.

"(4) A trustee who receives a request under subrule (3) shall, within 7 days,
return the request, with any note that the trustee wishes to make under that
subrule, to the person making the request, and if the trustee omits to return
the request to that person within that period of time the person may endorse
the fact of that omission on the request and file the request under subrule
(2).".