RETURNS & LODGEMENTS
Documents which may be Filed with the Official Receiver
NOTES:
1. All documents must be completed in ink.
2. 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 If you wish to email or file any document by any other electronic method you should read ITSA’s electronic lodgement policy.
3. If a Statement of Affairs, Debtor’s Petition or Declaration of Intention is faxed, the original documents must still be provided to the ITSA office to which the facsimile was sent.
4. For further guidance refer to Schedule 8 of the Bankruptcy Act 1966; `Australian Bankruptcy Law & Practice’ published by the Law Book Company also has a flowchart of Part X procedures & filing requirements.
|
Document |
Type of Administration |
Filed By? |
Filed When? |
What information entered on NPII |
Ref |
|
DEBT AGREEMENTS |
|||||
|
§ Written proposal Administrator’s consent (if applicable) § Statement of Affairs Prescribed § Information Acknowledgement |
Debt Agreement |
Debtor or Administrator |
N/A |
§ Date of acceptance of proposal for processing § Name and address of Debt Agreement processor § Particulars of debtor § Date that proposal lapses (if at all) |
S185F |
|
Debt Agreement |
Debt Agreement |
N/A |
N/A |
§ Particulars of debtor (if different than in proposal) § Date of making of Debt Agreement |
S185H |
|
Debt Agreement voting forms |
Debt Agreement |
Creditor |
Before “deadline date” |
|
S1856E(6) |
|
Written proposal to terminate or vary Debt Agreement |
Debt Agreement |
Debtor or Creditor |
N/A |
§ Date at termination of Debt Agreement |
S185P |
|
Court Order for voiding a Debt Agreement |
Debt Agreement |
Debtor or creditor |
Within 7 days |
§ Date of Order § Whether Agreement is voided in whole or in part |
S185T |
|
Certificate of Compliance with Debt Agreement |
Debt Agreement |
Official Trustee |
N/A |
§ Date at end of Debt Agreement |
S185N |
|
Annual Report Return |
Bankruptcy Part X Part IX |
Registered Trustee or Debt Agreement Administrator |
By 22 July (approx) each year |
|
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