Documents which may be filed with the Official Receiver in bankruptcy matters

NOTES:

1. This list is provided for information only. For authoritative guidance on filing obligations, refer to the Bankruptcy Act 1966 or contact ITSA.

2. All documents must be completed in ink

3. As per Regulation 16.02, unless the contrary intention appears, a document that is required to be filed, sent or lodged with the Official Receiver can be posted, delivered personally or faxed

4. If you wish to email or file any document by any other electronic method you should read ITSA’s electronic lodgement policy.

Document	Filed By?	Filed When?	What information entered on NPII	Ref
Declaration of Intention (Form 5) § Declaration of Intention form § Prescribed Information acknowledgement	Debtor	N/A	N/A	Section 54A
Debtor’s Petition (Form 6) § Debtor’s Petition Form § Statement of Affairs § Prescribed Information Acknowledgement § RT Consent (if attached)	Debtor	N/A	§ Particulars of each debtor § Date of Acceptance § Name of trustee	Sections 55, 56A, 56B, 57 Regs 4.11 and 4.12
Bankruptcy Notice (Form 1)	Solicitor Creditor	N/A	N/A	Section 41 Regs 4.01, 4.02 and 4.03
Creditor’s Petition (Federal Court and Federal Magistrates Court Form 6)	Petitioning Creditor	Within 3 working days of presentation	§ Date of Petition § Particulars of debtor § Name of petitioning creditor § Name/telephone number of petitioning creditor’s solicitor § Date of court hearing	Section 43 and 47 Reg 4.05
Consent to Act as Trustee in Sequestration Order (Form 12)	Registered trustee	As soon as practicable after signing but not later than 2 working days after date of Sequestration Order	N/A	Section 156A Reg 8.06
Sequestration Order (Federal Court and Federal Magistrates Court Form 7)	Creditor that obtained order	Within 2 days	§ Date of order § Particulars of bankrupt § Name of petitioning creditor § Name of trustee	Sections 43 and 52 Reg 4.05
Statement of Affairs in Sequestration Order matter (Form 3)	Bankrupt	Within 14 days of notification of sequestration order	Particulars of bankrupt Date Statement of Affairs filed	Section 54
Notification of early discharge	Trustee	As soon as practicable after signing	Date of discharge	Sections 149S and 149ZF
Certificate of annulment – Special resolution of creditors	Trustee	As soon as practicable after resolution	Date of annulment	Section 74
Certificate of annulment – Payment in full	Trustee	As soon as practicable	Date of annulment	Section 153A
Certificate of annulment – Court order	Applicant	Within 2 days	Date of annulment	Order 7.05 Federal Court (Bankruptcy) Rules 2005 and Federal Magistrates (Bankruptcy) Rules 2006
Objection to discharge	Trustee	At any time before discharge	§ Date objection takes effect (day entered on NPII) § Ground(s) of objection § Person lodging the notice	Section 149B, 149C and 149G
Notice of trustee ceasing to object to discharge	Trustee	At any time before discharge	Date objection ceases to have effect (date entered on NPII	Section 149H
Notice of Withdrawal of Objection	Trustee	At any time before discharge	Date withdrawal takes effect (date entered on NPII)	Section 149J
Inspector-General’s review of objection	Trustee	As soon as practicable after objection cancelled	Date cancellation takes effect	Section 149N
Cancellation of objection by AAT	Trustee	Within 7 days of notification of decision by AAT	Date of cancellation	Reg 7.02
Notification of bankrupt’s return to Australia	Trustee	Within 7 days of becoming aware of return	Date returned to Australia or (if unknown) date trustee became aware of bankrupt’s return	Reg 7.01
Notice of finalisation of an administration	Trustee	Within 7 days of finalising administration	Date administration finalised	Reg 8.14