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Bankruptcy Act. Australia
Читать онлайн.Название Bankruptcy Act
Год выпуска 0
isbn 9785392086344
Автор произведения Australia
Жанр Юриспруденция, право
Издательство Проспект
(b) the death of his or her spouse or de facto partner or of a member of his or her family.
Note: See also subsection 5(6).
(4A) Notwithstanding paragraph (1) (b), this section does not empower the Court to stay any proceedings under a proceeds of crime law.
(5) In this section, action means any civil proceeding, whether at law or in equity.
61 Actions by bankrupt partner’s trustee
(1) Where a member of a partnership becomes a bankrupt, the Court may, upon the application of the trustee, authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner or partners.
(2) Notice of the application for authority to commence the action shall be given to the bankrupt’s partner or partners, who, or any of whom, may show cause against it.
(3) Upon application by such a partner, the Court may, if it thinks fit, direct that that partner shall receive the share of the proceeds of the action to which he or she is entitled as a partner.
(4) If a partner does not claim any benefit from the action, the Court may order that he or she be indemnified against costs in respect of the action.
(5) Unless the Court otherwise orders, a release by a partner of the debt or demand to which the action relates made after notice has been given to him or her under this section is void as against the trustee.
(6) This section applies to and in relation to joint debtors who are not partners as if they were partners.
62 Actions on joint contracts
Where a bankrupt is a contractor in respect of a contract jointly with another person or other persons, that person or those persons may sue or be sued in respect of the contract without the joinder of the bankrupt.
63 Death of bankrupt
Where a bankrupt dies before he or she is discharged from the bankruptcy, the proceedings in bankruptcy shall, unless the Court otherwise directs, be continued, so far as they are capable of being continued, as if he or she were alive.
Division 5 Meetings of creditors
Subdivision A
Preliminary
63A Definitions [see Table B]
(1) In this Division, unless the contrary intention appears:
bankrupt, in relation to a meeting of the creditors of 2 or more bankrupts, means each bankrupt.
creditors and their representatives, in relation to a meeting, means:
(a) the creditors who are entitled to vote at the meeting and are participating in person or by telephone in the meeting; and
(b) the persons participating in person or by telephone in the meeting as proxies or attorneys of any other creditors who are entitled to vote at the meeting.
joint bankruptcy means:
(a) a bankruptcy that occurs as the result of a sequestration order made under section 52, being an order made on a petition presented under section 46; or
(b) a bankruptcy that occurs by force of section 56E or 57; or
(c) bankruptcies in respect of which an order under section 53 has been made; or
(d) bankruptcies that occur under section 55 where:
(i) the date of each bankruptcy is the same; and
(ii) immediately before the bankruptcies occurred, the bankrupts were joint debtors or partners who owned property jointly.
meeting means a meeting of the creditors of a bankrupt or a meeting of the creditors of any one or more of the bankrupts who were made bankrupt in a joint bankruptcy.
minutes secretary, in relation to a meeting, means a person appointed under section 64L to record the minutes of the meeting.
President, in relation to a meeting, means the person elected under section 64P to preside at the meeting.
working day, in relation to a proposed meeting, means a day other than a Saturday, a Sunday or a public holiday in the place where the meeting is proposed to be held.
(2) A reference in this Division to a person participating in person in a meeting is a reference to a person being physically present at the meeting.
63B Trustee’s representative
(1) The trustee of a bankrupt may, by signed writing, appoint a person to represent the trustee at a meeting.
(2) If the trustee is not personally present at a meeting, then, unless the contrary intention appears, a reference in this Division to the trustee, in respect of matters occurring at that meeting, is a reference to a person so appointed to represent the trustee at that meeting.
Subdivision B
Convening of meetings
64 Trustee to convene meetings
(1) The trustee must convene a meeting of the creditors of a bankrupt:
(a) whenever the creditors so direct by resolution; and
(b) whenever so requested in writing by at least one-fourth in value of the creditors; and
(c) whenever so requested in writing by less than one-fourth in value of the creditors, being a creditor who has, or creditors who together have, lodged with the trustee sufficient security for the cost of holding the meeting.
(2) The trustee may convene at any time a meeting of the creditors of a bankrupt.
(3) When convening a meeting, the trustee must consider whether the proposed time and place is convenient for the creditors.
64A Persons to whom notice of meeting to be given [see Table B]
(1) If:
(a) the bankrupt has told the trustee, or the trustee has otherwise found out, that a person is a creditor of the bankrupt; and
(b) the trustee is aware of one or more of the following:
(i) the address of a place of business of the person;
(ii) the address of a place of residence of the person or, in the case of a company, the address of its registered office;
(iii) an address to which notices may be sent to the person;
(iv) a document exchange number to which notices may be sent to the person;
(v) a facsimile transmission number to which notices may be sent to the person;
(vi) an e-mail address to which notices may be sent to the person;
the trustee must give notice to the person of any meeting of the bankrupt’s creditors.
(2) Notice of a meeting must be given in a manner specified in the regulations.
64B Certain matters to be included in notice of meeting [see Table B]
(1) The notice must set out the full name and the address of a place of residence of the bankrupt.
(2) If the meeting is the first meeting of the bankrupt’s creditors, the notice must set out any trade or business name under which the bankrupt carried on business.
(3) The notice must set out the time, date and place at which the meeting is to be held.
(4) The notice must set out the agenda for the meeting and must state that additional matters may be added to the agenda with the leave of the meeting.
(5) The notice must state that a creditor, or a proxy or attorney of a creditor,