Documents which may be filed with the Official Receiver in Part X matters
NOTES:
1. This list is provided for information only. For further guidance 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 If you wish to email or file any document by any other electronic method you should read ITSA’s electronic lodgement policy.
4. 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.
|
Document |
Filed By? |
Filed When? |
What information entered on NPII |
Ref |
|
Section 188 Authority
Statement of Affairs |
Trustee or Solicitor consenting |
Within 2 working of consenting |
§ Date of authority § Date of filing Statement of Affairs § Name of Controlling Trustee § Particulars of Debtor |
Section 188 Reg 10.03 |
|
Debtor’s Proposal |
Controlling trustee |
At least 10 days first meeting of creditors |
|
Section 188A Reg 10.04 |
|
Controlling Trustee Report and Statement |
controlling trustee |
At least 10 days first meeting of creditors |
|
Sections 189A and 189B Reg 10.04 |
|
Notification of resolution accepting PIA |
Trustee |
Within 7 days of the resolution |
§ Date of resolution § Debtor’s particulars § Name of trustee(s) |
Section 204 Reg 10.06 |
|
Copy of Personal Insolvency Agreement |
Trustee |
within 21 days of execution |
§ Date of execution § Particulars of debtor § Name of trustee(s) |
Sections 204 and 218 |
|
Consent to Act as Trustee of PIA (Form 12) |
Trustee |
Before first meeting of creditors |
|
Section 215A |
|
Termination of PIA by trustee |
Trustee |
Immediately |
§ Date of termination |
Section 222A Reg 10.12 |
|
Sequestration order or order by Court to terminate or set aside a PIA |
Applicant |
Within 2 days |
§ Date of order § Particulars of bankrupt (if SO) § Name of Petitioning Creditor (if SO) § Name of trustee Of bankrupt estate (if SO) |
Sections 221, 222 and 222C |
|
Certificate relating to discharge of obligations or realisation of divisible property and non-availability of dividend |
Trustee |
Within 7 days of request by debtor |
§ Effective date of certificate § Date of signature by trustee |
Section 232 Reg 10.14 |
|
Notice of finalisation of administration |
Trustee |
Within 7 days of finalising administration |
§ Date administration finalised |
Reg 8.14 |