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