100-5
In forceTrustee may assign right to sue under this Act
Schedule 2Insolvency Practice Schedule (Bankruptcy)
Part 4Other matters
Division 100Other matters
100-5 Trustee may assign right to sue under this Act
(1)
Subject to subsections (2) and (3), the trustee of a regulated debtor’s estate may assign any right to sue that is conferred on the trustee by this Act.
(2)
If the trustee’s action has already begun, the trustee cannot assign the right to sue unless the trustee has the approval of the Court.
(3)
Before assigning any right under subsection (1), the trustee must give written notice to the creditors of the proposed assignment.
(4)
If a right is assigned under this section, a reference in this Act to the trustee in relation to the action is taken to be a reference to the person to whom the right has been assigned.
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